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Simple English definitions for legal terms

procedural presumption

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A quick definition of procedural presumption:

A procedural presumption is when a court assumes that something is true based on other facts that have been proven. This can shift the burden of proof to the other party to try and prove otherwise. There are different types of presumptions, such as conclusive (which cannot be overcome by any evidence) and permissive (which can be accepted or rejected by the trier of fact).

A more thorough explanation:

A procedural 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. This shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.

For example, in a criminal trial, the prosecution may have the procedural presumption that the defendant is innocent until proven guilty. This means that the burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The defense can attempt to overcome this presumption by presenting evidence that raises doubt about the prosecution's case.

Another example is the heeding presumption in products liability cases. This is a rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one. If the manufacturer did not provide a warning label, the burden of proof is on them to show that the injured user would not have heeded the warning even if it had been provided.

procedural point | procedural right

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PerpetualCheerfulBeaver
13:08
I literally have no experience in this type of stuff, but if i get waitlisted, should i send an email about continued interest?
lilypadfrog
13:09
im so nonchalant
lilypadfrog
13:09
i will probably hear something back eventually
texaslawhopefully
13:10
I wish I could be like you lily
Trismegistus
13:10
im actively losingh my mind man
choosingpeace
13:10
@texaslawhopefully: lmaoo same Im crashing out so bad like it's never been this bad
texaslawhopefully
13:11
I need Chicago on Friday
Trismegistus
13:11
me too
Trismegistus
13:11
sixty coffees is having an insane cycle
PerpetualCheerfulBeaver
13:12
jesus they really are
GreyCeaselessMammoth
13:13
sixtys making a historic run here
Trismegistus
13:13
theyre close to my stats that's how i know them lol
choosingpeace
13:13
stanford harvard columbia duke wtfff
choosingpeace
13:13
uva nyu umich
13:13
I’m just tryna be like him fr fr
choosingpeace
13:13
that's crazy
Def that fulbright
choosingpeace
13:14
ohhhh
choosingpeace
13:14
i didn't even see that yep fas
lilypadfrog
13:14
why does the Fulbright have so much weight? idgi
And several pubs, and solid we. pretty awesome app
texaslawhopefully
13:14
idk I feel like that Fulbright isn't that big of a diff, there's so many countries where it is easy to get
snow
13:14
im telling yall, sictycoffees and nothim are like prime kobe and shaq
texaslawhopefully
13:14
it is prolly they just had a great overall narrative and not KJD
13:14
^
13:14
KJD 🗑️ squad
Maybe a fulbright alone isnt insanity, but pairing it with several first author pubs is sick
13:15
Besides lion ur killin jt
texaslawhopefully
13:15
yeah half tuition at CLS is fantastic
Thank you! But lowkey my page a lil fake. Withdrew from UChi after missing the II and the fact my future wife wants to leave the midwest anyways (i cant lie its mainly the first reason tho)
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