Legal Definitions - presume

To presume means to accept something as true or valid without direct proof, often because it is a logical inference, a common expectation, or a legal default. It serves as a starting assumption that holds true unless and until evidence is presented to the contrary. In legal contexts, presumptions often shift the burden of proof, meaning the party challenging the presumption must provide evidence to disprove it.

Here are some examples to illustrate this concept:

• Example 1: Presumption of Innocence

  Imagine a person, Mr. Davies, is arrested and charged with theft. In a courtroom, the legal system operates on the principle that Mr. Davies is presumed innocent. This means that the court and jury must treat him as if he has not committed the crime, and the prosecution bears the entire burden of presenting enough evidence to prove his guilt beyond a reasonable doubt. Mr. Davies does not have to prove his innocence; rather, the state must overcome the presumption of his innocence with compelling evidence.

• Example 2: Presumption of Competence for Adults

  Consider Ms. Chen, an adult who needs to sign a contract for a new apartment lease. The law presumes that Ms. Chen, as an adult, is mentally competent to understand the terms of the lease and make her own decisions. This presumption means that the landlord does not need to conduct a mental health evaluation before offering her the lease. If someone later wanted to argue that the contract was invalid because Ms. Chen lacked capacity, they would have to present clear evidence to overcome this legal presumption of competence.

• Example 3: Presumption of Regularity in Official Acts

  Suppose a city council passes a new zoning ordinance. A local business owner, Ms. Rodriguez, believes the council did not follow proper procedures when enacting the ordinance. However, courts generally presume that official government actions, such as passing ordinances, are carried out correctly and legally, following all required steps. If Ms. Rodriguez wants to challenge the ordinance, she would bear the burden of proof to demonstrate that the city council actually failed to follow the correct procedures, rather than the city having to prove it followed every step.