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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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MrThickRopes
14:46
wat u al gon ak fore for chrismas
My family does a no gift christmas these days. Tired of buying things for each other. We do food usually. Good food.
Denny
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im going to buy everyone on here expensive pens they can use in law school
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My friend got me a hover pen last Christmas. It's kinda cool
TenFiftyILuvUGang
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what we gon ak fore u say?
MrThickRopes
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yea
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@Denny: hi
babycakes
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are you going to buy me a pen?
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babycakes
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mr ropes fuck a fan contest
TenFiftyILuvUGang
14:53
in the biblical sense?
is there a mrs ropes?
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mr ropes i wanna meat u
babycakes
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he said he’s trying to DICK YOU DOWN
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MrThickRopes
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TenFiftyILuvUGang
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i heard that throat got a swtich on it.....
Glove where are you headed?
babycakes
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to the top
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Im going thru the big D and I dont mean Dallas!
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from ANY school
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@babycakes: hi
Mostlylegal
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sell me this pen
Denny
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It vapes weed
Mostlylegal
15:22
me and the pen have so much in common
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