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Icon-UpArrow "Presumption"


an assumption of fact resulting from a rule of law that requires such a fact to be assumed from another fact or set of facts. The term indicates that the law accords to a given evidentiary fact heavy enough weight to require the production of contrary evidence to overcome the assumption thereby established. This rule of evidence thus has the effect of shifting either the burden of proof or the burden of producing evidence. EXAMPLE: Burton writes a check to a car repair establishment that the bank refuses to cash. The law in Burton's state establishes a presumption that he knowlingly intended to write a bad check if (1) there is no account in Burton's name at the bank named on the check or (2) the shop was refused payment for lack of funds within thirty days of the date on the check and Burton did not pay the amount owed within ten days of being informed of the bank's refusal to honor the check.

compare inference
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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