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presumption Definition

pre·sump·tion (prē zump′s̸hən, pri-)

noun

  1. the act of presuming; specif.,
    1. an overstepping of proper bounds; forwardness; effrontery
    2. the taking of something for granted
  2. the thing presumed; supposition
  3. a ground or reason for presuming; evidence that points to the probability of something
  4. Law the inference that a fact exists, based on the proved existence of other facts

Etymology: ME < OFr presumpcion < L praesumptio, a taking beforehand < praesumptus, pp. of praesumere: see presume

presumption Synonyms

presumption

n.

  1. An assumption

    conjecture, guess, hypothesis; see assumption 1.

  2. Impudence

    arrogance, audacity, effrontery; see rudeness.

presumption Law Definition

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.

presumption Usage Examples

Preposition: of

  • innocence: To suspend the right of presumption of innocence is bad enough.
  • guilt: With the current system, there is a presumption of guilt from the outset.
  • conformity: However, the use of such standards, during manufacture, does not give a presumption of conformity with the relevant EHSRs.
  • paternity: Or where a court needed to resolve a " presumption of paternity " case that was certain to give a negative result.
  • openness: They want public bodies to act on a presumption of openness.
  • advancement: There is an added impetus for the purchases and loan to be regarded as gifts by reason of the presumption of advancement.

Converse of object

  • rebut: Clearly, the availability of a cure would, in most cases, rebut this presumption.
  • embody: In practice does the land-use planning system still embody a presumption in favor of development?
  • outweigh: No very special circumstances have been put forward or exist that outweigh the presumption against such development.
  • override: We will also decide why and when the public interest overrides the presumption of confidentiality.
  • reverse: Passing into law in the UK with barely a murmur of discontent, this Act reversed the presumption of innocence.
  • imply: CONTROLLING DEMOLITION Designation of a conservation area implies a strong presumption against demolition.

Preposition: against

  • arrest: There will be a presumption against arrest for adults in possession of cannabis for personal use.
  • disposal: Consequently there is a strong presumption against the disposal of any items in the collections without due safeguards.

Adjective modifier

  • rebuttable: Such writings should continue to enjoy a rebuttable presumption of validity.
  • strong: There is, however, a strong presumption of rising costs in More.. .
  • automatic: The IPA also wants the automatic presumption of guilt contained in the draft bill reversed.
  • general: There is a general presumption in favor of disclosure.
  • statutory: There will be a statutory presumption against lack of capacity.

Preposition: in

favor: In future there will be a presumption in favor of granting a license.