Presumption
From The Art and Popular Culture Encyclopedia
Related e |
Featured: |
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 or conclusive presumption. The invocation of a presumption will normally shift the burden of proof from one party to the opposing party in a court trial. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts.
- types: Rebuttable presumption, Conclusive presumption
- examples of presumption without basic facts: Presumption of innocence,
- example of presumption with basic facts: Presumption of death, e.g. law says if a person has been missing for 7 years or more (basic fact), that person shall be presumed to be dead.
Unless indicated otherwise, the text in this article is either based on Wikipedia article "Presumption" or another language Wikipedia page thereof used under the terms of the GNU Free Documentation License; or on research by Jahsonic and friends. See Art and Popular Culture's copyright notice.