Legal Definitions - assumption

In legal terms, an assumption refers to a fact, statement, or belief that is accepted as true or valid without direct proof or verification. It serves as a foundational premise or starting point for an argument, decision, or course of action, even though it has not been explicitly confirmed.

Here are some examples illustrating the concept of an assumption:

• Contractual Capacity: When two adults sign a contract, there is often an assumption that both parties are of legal age and possess the mental capacity to understand and agree to the terms. The contract proceeds based on this unverified belief, unless one party later challenges it by claiming they lacked the necessary capacity at the time of signing.

  This illustrates an assumption because the legal system doesn't automatically require proof of age and mental soundness for every signatory; it takes these factors for granted unless a dispute arises.

• Authenticity of Evidence: In a courtroom, when a lawyer presents a document, such as an email or a business record, there is an initial assumption that the document is authentic and has not been tampered with. The opposing counsel must actively challenge its authenticity and provide reasons for doubt; otherwise, the court will proceed as if the document is genuine.

  This demonstrates an assumption because the court doesn't independently verify the authenticity of every piece of evidence presented. It relies on the implicit understanding that evidence is legitimate until proven otherwise.

• Legislative Impact: When a legislative body passes a new law, for instance, one designed to reduce traffic accidents, there is an underlying assumption that the public will comply with the new regulations and that this compliance will lead to the desired outcome of fewer accidents. The law is enacted based on this expected behavioral response.

  This example shows an assumption because the lawmakers are taking for granted that their intervention will produce a specific effect on public behavior and safety, without absolute certainty that this will be the case.