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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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