Friday, April 8, 2011

Presumption

Presumption is an interference which a judge or jury is required to draw from certain facts which have been proved or admitted.  Except for a small number of conclusive presumptions, all presumptions are prima facie.  No evidence is necessary to establish them, but they may be controverted by evidence which tends to disprove them.  In most jurisdictions a presumption is not itself evidence but merely a justification for offering non. Consequently on appeal, the upper court will reverse a judgment if it is controvert the presumption.  In a minority of jurisdictions a presumption is treated as evidence, and a judgment based on it cannot be reversed even if no other evidence is offered on behalf of the party relying on the presumption.

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