Presumption
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 irrebuttable or conclusive presumption. The invocation of a presumption shifts 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. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed.
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Famous quotes containing the word presumption:
“Who does not know that kings and rulers sprang from men who were ignorant of God, who assumed because of blind greed and intolerable presumption to make themselves masters of other men, their equals, by means of pride, violence, bad faith, murder, and almost every other kind of crime? Surely the devil drove them on.”
—Pope Gregory VII (c. 1020–1085)
“It was modesty that invented the word “philosopher” in Greece and left the magnificent overweening presumption in calling oneself wise to the actors of the spirit—the modesty of such monsters of pride and sovereignty as Pythagoras, as Plato.”
—Friedrich Nietzsche (1844–1900)
“In our wildest aberrations we dream of an equilibrium we have left behind and which we naively expect to find at the end of our errors. Childish presumption which justifies the fact that child- nations, inheriting our follies, are now directing our history.”
—Albert Camus (1913–1960)