Presumption - Law Dictionary Search Results
Home Dictionary Name: presumptionpresumption
presumption : 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 allow to be rebutted called also irrebuttable presumption compare rebuttable presumption in this entry mandatory presumption : a presumption that a jury is required by law to make upon proof of a given fact compare permissive presumption in this entry permissive presumption : an inference or presumption that a jury is allowed but not required to make from a given set of facts called also permissive inference compare mandatory presumption in this entry presumption of fact : a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from it presumption of innocence : a rebuttable presumption in the favor of the defendant in a criminal action imposing on the prosecution the burden of proving g...
Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
Presumption of life or death
Presumption of life or death. Where a person is once shown to have been living, the law will in general presume that he is still alive, unless after a lapse of time considerably exceeding the ordinary duration of human life; but if there be evidence of his continued unexplained absence from home and of the non-receipt of intelligence concerning him for a period of seven years, the presumption of life ceases and he is presumed to be dead at the end of the seven yeas. But the law raises no presumption as to the time of his death and, therefore, if any one has to establish the precise time during those seven years at which such person died, he must do so by evidence, see Doe v. Nepean, (1833) B&Ad 86; Nepean v. Doe, (1837) 2 M&W 894; Re Rhodes, (1887) 36 Ch D 586. See also 18 & 19 Car. 2, c. 11, by which the person on whose life a lease for lives depends is accounted dead if not proved alive after an absence of seven years, and the lessee may be ejected, with the proviso, however, that if...
irrebuttable presumption
irrebuttable presumption : conclusive presumption at presumption ...
Presumptive title
Presumptive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of property (jus possessionis, Lat.), without any apparent right, or any pretence of right, to hold and continue such possession. This may happen when one man disseises another; or where after the death of the ancestor, and before the entry of the heir, a stranger abates and holds out the heir. The law assumes that the actual occupant of land has the fee-simple in it, unless there be evidence rebutting such pre-sumption, or his possession be properly explained and shown to be consonant with the right of the true proprietor of the reversionary fee. Such a presumption, in the absence of any satisfactory proof to the contrary, will sustain an action for a tresspass by a wrongdoer, and will indeed be strengthened, by lapse of time, into a title complete and indefeasible.This assumption is based on the well-known feudal maxim that seisin must be the basis ...
conclusive presumption
conclusive presumption see presumption ...
mandatory presumption
mandatory presumption see presumption ...
permissive presumption
permissive presumption see presumption ...
presumption of fact
presumption of fact see presumption ...
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