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presumption definition - legal

n

A legal assumption that something is a fact based upon another proven fact or set thereof. The presumption is given sufficient weight, once established, that an even greater amount of evidence to the contrary would be needed in order to contravene it. It has the effect of shifting the burden of proof or that of producing evidence to the opposing party. See inference.
conclusive (non-rebuttable) presumption
A presumption that no amount of evidence or argument is strong enough to overcome.
rebuttable presumption
A presumption that is strong enough to make a prima facie case, but that is subject to being overcome by the presentation of stronger evidence to the contrary.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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