Legal Definitions - legal presumption

A legal presumption is a rule in law that requires a court to assume a certain fact is true if another set of facts has been proven, unless there is sufficient evidence presented to disprove that assumption. It acts as a shortcut in legal proceedings, placing the burden on the party who wishes to challenge the presumed fact to present evidence against it. These presumptions can be either rebuttable (meaning they can be challenged and overturned with evidence) or irrebuttable (meaning they cannot be challenged, though these are rare).

• Example 1: Presumption of Innocence

  In a criminal trial, the defendant is subject to the presumption of innocence. This means that the court and jury *must* assume the defendant is innocent from the very beginning of the trial. The prosecution then bears the entire burden of presenting enough compelling evidence to prove the defendant's guilt beyond a reasonable doubt, thereby overcoming this presumption. If the prosecution fails to do so, the defendant remains innocent in the eyes of the law.

• Example 2: Presumption of Death

  If a person has been missing for a significant period (often seven years, depending on the jurisdiction) without any explanation or contact, the law may allow for a presumption of death. This means that, for legal purposes such as settling an estate, distributing assets, or allowing a spouse to remarry, the court will assume the missing person is deceased, even without a body or direct proof of death. This is a rebuttable presumption; if the missing person were to reappear, the presumption could be overturned.

• Example 3: Presumption of Regularity

  When a government agency or public official performs an action, there is a presumption of regularity, meaning the law assumes they have acted correctly, lawfully, and within their authority. For instance, if a state department issues a permit, it is presumed to have followed all proper procedures and legal requirements. If someone wants to challenge the validity of that permit, they bear the burden of proving that the department acted improperly or illegally, rather than the department having to prove its own regularity from the outset.