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:
“There are events which are so great that if a writer has participated in them his obligation is to write truly rather than assume the presumption of altering them with invention.”
—Ernest Hemingway (1899–1961)
“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)
“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)