Rebuttable - Law Dictionary

rebuttable presumption

rebuttable presumption see presumption ...

rebuttal

rebuttal : the act or procedure of rebutting ;also : evidence or argument that rebuts ...

rebutter

rebutter [Anglo-French reboter, from reboter to rebut] : the answer of a defendant in matter of fact to a plaintiff's surrejoinder n : one that rebuts ...

Rebutter

Rebutter [fr. repello, Lat., to put back or bar], the answer of a defendant to a plaintiff's sur-rejoinder. See REJOINDER....

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...

surrebuttal

surrebuttal often attrib [sur- over + rebuttal] : the response to the rebuttal of the opposing party in a proceeding [testimony of defense witnesses "Arizona Rules of Court"] ...

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 ...

case

case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...

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