Definition[edit | edit source]

In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations.

Overview[edit | edit source]

The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebutable or conclusive presumption.

The invocation of a presumption will normally shift the burden of proof from one party to the opposing party. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts.

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