Legal Definitions - artificial presumption

An artificial presumption is a rule of law that requires a court or jury to assume a certain fact is true once another specific fact or set of facts has been established, unless and until sufficient evidence is presented to prove otherwise. Unlike a "natural presumption" (which is based on common sense or experience), an artificial presumption is created by statute or established legal precedent for reasons of public policy, convenience, or to simplify legal proceedings.

Essentially, it shifts the burden of proof or the burden of producing evidence. The party against whom the presumption operates must then present evidence to "rebut" or disprove the presumed fact.

• Example 1: Presumption of Innocence

  In criminal law, a person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. This is a fundamental artificial presumption. The law *requires* the court and jury to assume the defendant is innocent from the outset. The prosecution bears the entire burden of presenting enough evidence to overcome this presumption and convince the jury of guilt. If the prosecution fails to do so, the presumption of innocence stands, and the defendant must be acquitted.

• Example 2: Presumption of Death

  Many jurisdictions have laws stating that if a person has been continuously absent from their home for a certain period (often seven years) and has not been heard from by those who would naturally have heard from them, they are legally presumed to be dead. This artificial presumption allows families to settle estates, claim life insurance benefits, and move forward with their lives. The law *requires* the court to assume the missing person is deceased once the conditions of prolonged absence and lack of contact are met. However, this presumption can be rebutted if, for instance, the missing person suddenly reappears alive.

• Example 3: Presumption of Legitimacy

  Historically, and still in many places, a child born to a married woman is legally presumed to be the legitimate child of her husband. This artificial presumption simplifies matters of parentage and inheritance within families. The law *requires* the court to assume the husband is the father based on the fact of the marriage at the time of the child's birth. While strong, this presumption can be rebutted by clear evidence to the contrary, such as DNA test results proving another man is the biological father.