Presumption

Presumption is a legal concept, used in both civil and criminal cases, which allows the court to assume a particular fact is true until that fact is disproven. In some cases, presumption can also refer to an attitude adopted by a person or society towards a certain idea or circumstance.

Types of Presumption

There are two main types of presumption in law: Presumption of innocence and Presumption of guilt.

The Presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights, Article 11. The burden of proof is thus on the prosecution, which must collect and present enough compelling evidence to convince the judge and jury, who are restricted in their decision-making process by the principle of 'beyond a reasonable doubt'.

The Presumption of guilt is the principle that one is considered guilty unless proven innocent. This principle is in opposition to the presumption of innocence.

Presumption in Civil Law

In civil law, presumption consists of assumptions made by a court that are taken to be true unless someone comes forward to contest it and prove otherwise. For example, a defendant in a civil case is presumed to be innocent until proven guilty.

Presumption in Criminal Law

In criminal law, there are two types of presumption: Presumption of fact and Presumption of law.

Presumption of fact is a conclusion made by a judge or jury regarding a fact in dispute, based on the evidence presented.

Presumption of law is a rule of law that courts and judges will draw a particular inference from a particular fact, or from particular evidence, unless and until the truth of such inference is disproved.

Rebuttable and Irrebuttable Presumptions

Presumptions can also be either rebuttable or irrebuttable.

A rebuttable presumption is an assumption made by a court, used in the legal process, which is taken to be true unless someone comes forward to contest it and prove otherwise.

An irrebuttable presumption (or 'conclusive presumption') is a type of presumption that cannot be contradicted by any evidence. Once it is established, it cannot be rebutted by any further evidence or argument.

See Also

• Burden of proof (law)
• Evidence (law)
• Legal technicality
• Reasonable doubt

References

Presumption Resources
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