presumption of death

presumption of death
The presumption that the death of a certain person has occurred, where his survival to the pertinent date is contrary to the ordinary course of nature, or opposed to the common experience of mankind. Young v Shulenberg, 165 NY 385, 59 NE 135. A presumption arising upon proof that a person disappeared and has not been heard of for a long period of time, usually 7 years, without explanation of the purpose or reason of his absence. 1 Am J2d Absent § 1. The presumption arising from the continued and unexplained absence of a person from his home or place of residence, without intelligence from or concerning him, for a period of seven years. 22 Am J2d Dth § 304.

Ballentine's law dictionary. . 1998.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • A Presumption of Death — infobox Book | name = A Presumption of Death title orig = translator = image caption = Early paperback edition cover author = Jill Paton Walsh cover artist = country = United Kingdom language = English series = Lord Peter Wimsey genre = Mystery… …   Wikipedia

  • “Presumption of Death” LAW —    See Madres de Plaza de Mayo …   Historical Dictionary of the “Dirty Wars”

  • presumption — pre·sump·tion /pri zəmp shən/ n: an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption: a presumption that the law does not… …   Law dictionary

  • Death in absentia — Presumption of death redirects here. For the detective novel, see A Presumption of Death. Death in absentia (or presumption of death) is a legal declaration that a person is deceased in the absence of remains (e.g., a corpse or skeleton)… …   Wikipedia

  • death — n: a permanent cessation of all vital bodily functions: the end of life see also brain death, civil death ◇ Death is usu. defined by statute and for purposes of criminal homicide has been held to include brain death. Merriam Webster’s Dictionary… …   Law dictionary

  • Death in Singapore — Graves at the Kranji War Cemetery – photographed 13 November 2005 Deaths in Singapore offset the population increase from live births. In 2007, 17,140 people in Singapore died from various causes. The death rate was 4.5 deaths per 1,000 of the… …   Wikipedia

  • death — The cessation of life; permanent cessations of all vital functions and signs. Numerous states have enacted statutory definitions of death which include brain related criteria. For example, many states have adopted, sometimes with variations, the… …   Black's law dictionary

  • death — The cessation of life; permanent cessations of all vital functions and signs. Numerous states have enacted statutory definitions of death which include brain related criteria. For example, many states have adopted, sometimes with variations, the… …   Black's law dictionary

  • presumption — An inference in favor of a particular fact. A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. Van Wart v. Cook, Okl.App., 557 P.2d 1161 …   Black's law dictionary

  • Presumption — In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebutable… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”