A fact that, according to the law, is considered to be true is called a presumption.3 min read In the law of evidence, in certain situations, a presumption of a particular fact may be made without proof. The invocation of a presumption shifts the burden of proof from one party to the other in court proceedings. Presumptions of simple law are either absolute or conclusive; such as, for example, the legal presumption that an obligation or other speciality has been performed for consideration cannot be rebutted by evidence until the instrument is accused of fraud or is absolute and can be rebutted; For example, the law assumes that a bill of exchange has been accepted in return, but this presumption can be rebutted by proving otherwise. A legal presumption is a conclusion based on a specific set of facts, combined with established laws, logic or reasoning. It is a rule of law that allows a court to assume that a fact is true until it is refuted by the greatest consecration (preponderance) of the evidence against it. For example, in comparing the two concepts, one court concluded that “constructive communication” is a legal presumption that makes it impossible to dismiss the issue of disclosure, while “implied disclosure” is a presumption of fact that relates to what can be learned through reasonable investigation and results from the actual disclosure of the circumstances. and not through constructive communication. Charles v. Roxana Petroleum Corporation, C.C.A.Okl., 282 F.
983, 988. The distinction between a legal presumption and a presumption of fact is described in Vol. 9, Ency. of Evidence, 882, defined as follows: These assumptions can be refuted by evidence such as the following: We should admit that the new law does little or nothing to mitigate such a situation. Natural assumptions depend on their own form and effectiveness in generating faith or conviction in the mind, as derived from these contexts indicated by experience; they are completely independent of any artificial context and relationship and differ in this essential respect from mere legal presumptions that they depend on the particular legal system to which they belong, or rather are a branch of it; But simple natural assumptions are completely derived from the common experience of humanity, the course of nature, and the ordinary habits of society. In order to give rise to such a presumption, previous experience of the link between known facts and derivative facts is essential, such that, as soon as the existence of one is established, accepted or assumed, a conclusion as to the existence of the other arises, independently of any arguments on that subject. It follows that a conclusion may be certain or uncertain, but only probable and can therefore be refuted by evidence to the contrary. In general, a conjecture is more or less strong because the alleged fact is a necessary, common or rare consequence of the fact or facts that have been seen, known or proven. If the derived fact is the necessary consequence of the known fact(s), the presumption constitutes evidence if it is the usual but not immutable consequence, the presumption is weak; But if it is sometimes, although rarely, the consequence of the fact or known facts, the presumption is irrelevant. An example of a presumption without fundamental facts is the presumption of innocence. [1] “They have excellent service and I will not fail to spread the word.” Conjectures are sometimes divided into two types: conjectures without basic facts and conjectures with basic facts.
In the United States, mandatory presumptions in criminal cases are inadmissible, but admissible presumptions are allowed. A number of hypotheses can be found in most common law jurisdictions. Examples of these presumptions are: Legal or artificial presumptions are those derived from the law, from a technical or artificial operation and effect, beyond their purely natural way. Tendency to generate faith and work uniformly, without applying the process of argumentation on which they are based to the circumstances of each case. For example, after twenty years, without payment of interest on a bond or other acknowledgment of its existence, satisfaction must be presumed; but if only one day has elapsed less than twenty years, the presumption of satisfaction does not arise from the mere passage of time; This is, of course, an artificial and arbitrary distinction. An example of a different kind is given under this heading by civilians. If a mother and her child perish in the womb in the same conflagration, the law assumes that the mother survived and the child died first because of her weakness, and for this reason the estate belongs to the mother`s heirs. An example of conjecture with basic facts is declared dead in absentia, e.B.
says the law, if a person has disappeared for seven years or more (basic fact), it is assumed that this person is dead. [Citation needed] Legal presumptions are of two types: first, as made by the law itself, or presumptions of simple law; second, how to do them by a jury, or presumptions of law and facts. .