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Simple English definitions for legal terms

factual presumption

Read a random definition: nemine contradicente

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

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WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
soapy
9:43
USC still has not looked at my app
WorthlessAttractiveZombie
9:43
when did you submit soapy?
soapy
9:44
10/16
WorthlessAttractiveZombie
9:44
to be fair it took them almost 2 months for me to go under review
soapy
9:44
Feelin a bit stressed, as I've got no date change for Michigan either despite applying 10/7
WorthlessAttractiveZombie
9:45
I have not had a date change either for Mich but I've seen people get in without one so who knows
I applied 9/25 to like 6 schools and some (Houston) have no date change yet so dw
soapy
9:46
But do people get in without addresses going long?
WorthlessAttractiveZombie
9:46
it's tough to tell because a lot of people type out their addresses long to begin with
soapy
9:46
Ah. I didn't. Looking back, my Mich supplement kind of sucks, so there's that
Mich overrated (Dean Z please let me in even tho i didnt apply and I am below both 25ths)
ClassyPleasantHeron
10:01
The "date changes" at Michigan really don't mean anything. We had to do them in undergrad admissions whenever a Georgia applicant picked the country instead of the state, because we'd have to remove the TOEFL requirement and reassign the application from the international application readers.
soapy
10:06
Classy, does that mean they may look at your application, and that look doesn't necessarily trigger any date change?
1a2b3c4d26z
10:06
Man
1a2b3c4d26z
10:07
Walkin to the bus
1a2b3c4d26z
10:07
What a good day to get into law school
ClassyPleasantHeron
10:11
@soapy: I don't know for sure about the law school. For undergrad, once the application is complete, it's assigned to a reader the following Monday. If we had to make any changes, it's because a reader saw something that needed to be changed and the application needed to be re-read after that change.
soapy
10:12
Ahh, got it. Thank you for the insight!
ClassyPleasantHeron
10:14
You're welcome. FWIW, I have no idea what's up with the address changes. We didn't have to do any of that, except for the Georgia state vs country kinds of things.
soapy
10:15
I've heard it theorized that some schools will change the address from "St." --> "Street" as they prepare to send out admissions packets. That's the rumor, anyways.
i think it just indicates a change in status like under review or stages of review
my stanford address went long as soon as it was marked complete lmao
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