Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

conflicting presumption

Read a random definition: locus actus

A quick definition of conflicting presumption:

A conflicting presumption is when there are two or more ideas that lead to opposite results. Presumptions are when we assume something is true based on other facts we know. Conflicting presumptions can be tricky because they make it hard to know what is really true. It's like if one person says it's raining outside and another person says it's sunny outside - both can't be true at the same time.

A more thorough explanation:

A conflicting presumption is a legal inference or assumption that leads to opposite results. It is one of two or more presumptions that contradict each other. For example, in a case where A proves himself to be the son of N, wife of M, but M and N were already separated, and later M married P, and had a son B, the later marriage of M might presume a prior divorce from N before separation to make it valid, and yet the birth of A from a married mother might be presumed legitimate, and thus the question whether A or B was the legitimate son would be attended by opposing presumptions.

Conflicting presumptions are also known as inconsistent presumptions. They are different from conclusive presumptions, which cannot be overcome by any additional evidence or argument.

Example: In a criminal case, the prosecution presents evidence that the defendant was at the scene of the crime at the time it was committed. The defense presents evidence that the defendant was at a different location at the same time. The conflicting presumptions of guilt and innocence arise, and the jury must weigh the evidence to determine which presumption is more convincing.

This example illustrates how conflicting presumptions can arise in a criminal case, where the prosecution and defense present different evidence that leads to opposite conclusions. The jury must decide which presumption to accept based on the evidence presented.

conflict | conflict of authority

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:03
@UnderRepresentedTryhard: Yes only for YM applicants tho
RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
LSD+ is ad-free, with DMs, discounts, case briefs & more.