presumption of law

presumption of law
An assumption made by the law itself, compelling the court to a resulting conclusion, which may or may not have a logical or reasonable foundation in basic fact. 29 Am J2d Ev § 163. A presumption which derives its force from the law of the jurisdiction, not from logic or probability as such, but is usually founded upon public policy, social convenience and safety. Indianapolis v Keeley, 167 Ind 516, 79 NE 499. There are two kinds of presumptions of law, irrebuttable or conclusive presumptions and rebuttable or disprovable presumptions. 29 Am J2d Ev § 163. See conclusive presumption; rebuttable presumption. presumption of law and fact. See mixed presumption.

Ballentine's law dictionary. . 1998.

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  • presumption of law — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Presumption of law — Presumption Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete… …   The Collaborative International Dictionary of English

  • presumption of law — a presumption (as of innocence) founded on a rule or policy of the law regardless of what the actual fact may be compare irrebuttable presumption, rebuttable presumption * * * Law. a presumption based upon a policy of law or a general rule and… …   Useful english dictionary

  • presumption of law — Law. a presumption based upon a policy of law or a general rule and not upon the facts or evidence in an individual case. [1590 1600] * * * …   Universalium

  • 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

  • law — / lȯ/ n [Old English lagu, of Scandinavian origin] 1: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority: as a: a command or provision enacted by a legislature see also statute 1 b:… …   Law dictionary

  • presumption of innocence — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. presumption of innocence …   Law dictionary

  • presumption, conclusive — n. A presumption that is so strong it cannot be rebutted by contradictory evidence, which makes it effectively not a presumption, but a rule of law. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney… …   Law dictionary

  • presumption of fact — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • presumption of intent — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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