An example of a presumption with basic facts is declared dead in absentia, for example the law says that if a person has been missing for seven years or more (fundamental fact), that person is considered dead. [ref. needed] In order to establish such a presumption, prior experience of the connection between the known fact and the derived fact is essential, so that, once the existence of one has been established, admitted or supposed, a conclusion about the existence of the other arises, independently of any reasoning on that subject. It follows that a conclusion may or may not be certain, but only probable and can therefore be refuted by evidence to the contrary. In general, a presumption is more or less strong, since the alleged fact is a necessary, usual 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 is equivalent to the proof if it is the usual but not immutable consequence, the presumption is weak; But if sometimes, although rarely, it is the consequence of the known fact or facts, the conjecture is without weight. Middle English presumpcioun, from the Anglo-French conjecture, from late Latin and Latin; The late Latin praesumption-, praesumptio presumptio presumptuous attitude, from the Latin assumption, from praesumere hypotheses are either legal and artificial, or natural. There are two types of conjecture: the rebuttable presumption and the conclusive presumption. A rebuttable presumption is presumed until a person proves otherwise (for example, the presumption of innocence).
On the other hand, a conclusive (or irrefutable) presumption can in no way be rebutted (such as the defence of children in some jurisdictions). Presumptions of law and fact are artificial presumptions that are accepted and justified by law such as the conclusions that the jury must draw in certain circumstances; For example, the total refusal to hand over property at the request of the owner does not fall within the definition of conversion, but since imprisonment is accompanied by all the evils of conversion to the owner, the law equates it in its effects and consequences with a conversion by ordering or advising the jury to conclude from the facts of the claim and the rejection that there is conversion. A conclusion on the existence or non-existence of a fact that must be drawn from other admitted and proven evidence. When certain facts are established, a judge or jury must assume another fact, which the law recognizes as a logical conclusion from the evidence presented. A presumption is different from a conclusion, which is a conclusion that a judge or jury can draw from the evidence of certain facts if those facts lead a reasonable person of average intelligence to reach the same conclusion. Examples of legal presumptions include: A rebuttable presumption is a presumption that can be rebutted by evidence to the contrary. Federal rules of evidence and most state regulations deal only with refutable conjecture, not conclusive conjecture. n.
a rule of law that allows a court to presume that a fact is true until there is a predominance (greater weight) of evidence that rebuttals, outweighs (rebuts) the presumption. Each conjecture is based on a specific set of obvious facts, associated with established laws, logic, reasoning, or individual rights. A presumption is rebuttable to the extent that it can be rebutted by factual evidence. Facts can be presented to convince the judge that the presumption is not true. Examples: a child born to a husband and wife is considered the husband`s natural child, unless there is conclusive evidence that this is not the case; A person who has disappeared and has not been heard for seven years is presumed dead, but the suspicions could be refuted if found alive; The accused is presumed innocent until proven guilty. They are sometimes called rebuttable presumptions to distinguish them from absolute, conclusive or irrebuttable presumptions when legal and logical rules dictate that there is no way to rebut the presumption. However, if a fact is absolute, it is not real conjecture at all, but a certainty. Assumptions are sometimes divided into two types: conjectures without basic facts and conjectures with basic facts. In the United States, mandatory criminal presumptions are inadmissible, but permissible presumptions are permitted. Presumptions may or may not be rebuttable.
A rebuttable presumption is a presumption that applies unless it is shown that it rebuttals (sufficiently refutes or argues against) the presumptions. Legal or artificial presumptions are those that derive from the law of a technical or artificial functioning and effect that go beyond their mere natural way. Tendency to generate faith and work uniformly without applying the argumentation process on which they are based to the circumstances of the individual case. For example, after twenty years, satisfaction must be presumed without payment of interest on an obligation or other acknowledgement of its existence; but when a single day of less than twenty years has elapsed, the presumption of satisfaction does not arise by the mere passage of time; This is, of course, an artificial and arbitrary distinction. A different kind of example is given under this heading by civilians.