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Simple English definitions for legal terms
mandatory presumption
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A quick definition of mandatory presumption:
A mandatory presumption is a legal assumption that must be accepted as true unless proven otherwise. This means that in certain situations, the law requires a judge or jury to assume that a fact is true, even if there is evidence to the contrary. For example, if a law states that anyone caught with a certain amount of drugs is presumed to be a drug dealer, the accused person must prove that they are not a drug dealer, rather than the prosecution having to prove that they are.
A more thorough explanation:
Definition: A mandatory presumption is a type of presumption that is considered to be conclusive. This means that the presumption must be accepted as true unless there is evidence to the contrary.
For example, in a criminal trial, there may be a mandatory presumption that a defendant is innocent until proven guilty. This means that the jury must assume that the defendant is innocent unless the prosecution can provide evidence that proves their guilt beyond a reasonable doubt.
Another example of a mandatory presumption is in the case of mandatory sentencing. This means that a judge must impose a specific sentence for a particular crime, regardless of any mitigating circumstances or other factors that may be present.
In both of these examples, the mandatory presumption is considered to be conclusive, meaning that it must be accepted as true unless there is evidence to the contrary.