rule of presumption

rule of presumption
The rule under which. a presumption arises from a certain fact or facts, the same to stand until proof to the contrary is forthcoming, in other words a rule which shifts the burden of proof in the sense of going forward with the evidence. State ex rel. Robertson v Lane, 126 Minn 78, 147 NW 951. See presumption.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • rule of presumption — Rule changes one of burdens of proof, that is, it declares that main fact will be inferred or assumed from some other fact until evidence to contrary is introduced. Barrett v. U. S., C.A.Ga., 322 F.2d 292, 294. See presumption …   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 — 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

  • 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

  • rule of doubt — The rule under which the U.S. Copyright Office allows software object code to be deposited in connection with a computer program registration. Under the rule there is an express understanding that doubt exists as to whether the code qualifies for …   Law dictionary

  • presumption — A rule of law that attaches definite probative value to specific facts or draws a particular inference as to the existence of one fact, not actually known, arising from its usual connection with other particular facts which are known or proved.… …   Ballentine's law dictionary

  • 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

  • Rule in Clayton's Case — The rule in Clayton s Case (or, to give it its full legal name and citation: Devaynes v Noble (Clayton s Case) (1816) 1 Mer 572) is a common law presumption in relation to the distribution of monies from a bank account. The rule is based upon the …   Wikipedia

  • Rule of law — The rule of law, in its most basic form, is the principle that no one is above the law. Thomas Paine stated in his pamphlet Common Sense (1776): For as in absolute governments the king is law, so in free countries the law ought to be king; and… …   Wikipedia

  • 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

Share the article and excerpts

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