Legal Definitions - Morgan presumption

A Morgan presumption is a legal rule that, once a basic fact is proven, establishes a presumed fact and then places a significant burden on the opposing party to disprove it. Unlike some other presumptions that merely require the opposing party to introduce *some* evidence to challenge the presumed fact, a Morgan presumption demands that the opposing party produce *sufficient evidence* to actually outweigh the evidence supporting the presumed fact. If the opposing party fails to present enough evidence to tip the scales against the presumption, the presumed fact stands as proven.

In essence, it shifts the "burden of proof" (the responsibility to prove a point) to the party against whom the presumption operates, requiring them to do more than just offer a denial; they must present compelling evidence to overcome the initial presumption.

• Example 1: Presumption of Delivery for Mailed Documents

  Imagine a business dispute where Party A claims they sent a crucial contract amendment to Party B via certified mail. Party A provides evidence of proper mailing, including a postmarked receipt and a tracking number showing delivery to Party B's address. Under a Morgan presumption, the court might then presume that Party B received the amendment. To overcome this, Party B wouldn't just need to state, "We never got it." Instead, Party B would have to present sufficient evidence to outweigh the presumption of delivery. This might involve showing that the mail system in their area was experiencing widespread failures at that time, providing testimony from multiple employees responsible for mail handling that no such package arrived, or demonstrating that the address used was incorrect despite Party A's claims. If Party B only offers a bare denial, the presumption of receipt would likely stand, and the amendment would be considered delivered.

• Example 2: Presumption of Paternity in Marriage

  In family law, if a child is born to a woman who is legally married, there is often a strong presumption that her husband is the child's biological father. This is a common application of a Morgan presumption. If the husband, or another individual, wishes to challenge this presumption, they would need to present sufficient evidence to outweigh the presumed paternity. This could involve presenting DNA test results conclusively excluding the husband as the father, or providing clear and convincing evidence that the husband had no access to the wife during the period of conception. A simple assertion by the husband that he is not the father, without strong supporting evidence, would likely be insufficient to overcome this presumption, and he would remain legally recognized as the father.

• Example 3: Presumption of Ownership for Possessed Property

  Consider a civil case where a valuable antique watch is found in the possession of an individual, Mr. Chen. If the law establishes a Morgan presumption that a person in possession of property is presumed to be its rightful owner, then Mr. Chen is presumed to own the watch. If another party, Ms. Davis, claims the watch belongs to her, she would bear the burden of producing sufficient evidence to outweigh Mr. Chen's presumed ownership. This means Ms. Davis would need to present compelling evidence such as a bill of sale in her name, detailed photographs of her wearing the watch over many years, or witness testimony confirming her prior ownership and how it was lost or stolen. Merely stating "that's my watch" would not be enough; she must present evidence that is more convincing than the presumption of ownership arising from Mr. Chen's possession.