18:49
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LSDefine
Simple English definitions for legal terms
disputable presumption
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A quick definition of disputable presumption:
A disputable presumption is when someone assumes something is true based on other facts they know. But, the other person can argue against it with their own evidence. It's like a game where one person says something and the other person tries to prove them wrong. This is used in court to help decide who is right.A more thorough explanation:
A disputable presumption is a legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. It is a presumption that can be challenged or rebutted with other evidence. This shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.
For example, in a criminal case, there may be a disputable presumption that a defendant is innocent until proven guilty. However, if the prosecution presents evidence that the defendant committed the crime, the presumption can be challenged and the burden of proof shifts to the defendant to provide evidence of their innocence.
Another example is the disputable presumption that a child under the age of 18 is not capable of making certain legal decisions, such as signing a contract. However, if the child can provide evidence of their competence, the presumption can be challenged and the burden of proof shifts to the opposing party to prove the child's incompetence.