Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

factual presumption

Read a random definition: extra quattuor maria

A quick definition of factual presumption:

A factual presumption is when we assume that something is true based on other facts that we know are true. This is often used in court cases, where a presumption can be made unless the other side can prove it wrong. There are different types of presumptions, like ones that can't be proven wrong and ones that can be accepted or rejected by the judge or jury. Sometimes, a presumption is based on common sense and experience, like assuming that a child under seven years old can't commit a serious crime.

A more thorough explanation:

Definition: A factual 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 rule of evidence that calls for a certain result in a given case unless the adversely affected party overcomes it with other evidence. A presumption shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.

Examples: One example of a factual presumption is that a child under the age of seven is incapable of committing a felony. This is a conclusive presumption, which means it cannot be overcome by any additional evidence or argument. Another example is the heeding presumption, which is a rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one.

Explanation: In the first example, the factual presumption is based on the common experience that young children lack the mental capacity to understand the consequences of their actions. In the second example, the factual presumption is based on the assumption that most people would follow a warning label if it was provided. These examples illustrate how factual presumptions can be used in legal cases to make assumptions about certain facts based on other known or proven facts.

factual impossibility | factum

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
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
soyalmondoatmilk
8:38
good morning! hoping waves will come our wave today
8:42
GW wave today?
LSD+ is ad-free, with DMs, discounts, case briefs & more.