Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

conflicting presumption

Read a random definition: clearance card

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
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
LSD+ is ad-free, with DMs, discounts, case briefs & more.