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Simple English definitions for legal terms

procedural presumption

Read a random definition: regular course of business

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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Dkk
13:42
Sounds good to me
HopefullyInLawSchool
13:43
@glovediedthisishismom: What if he appoint Ym instead?
HELP
every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
13:53
i just wanna rock
glovediedthisishismom
13:53
bodyadaya
13:53
let it rock
14:17
How are the vibes heading into thanksgiving yall?
HopefullyInLawSchool
14:17
@Law-Guy Im feeling kinda happy I applied YM to UCI hoping it helps (:
Wanna give some head
soap
14:18
Cornell
14:19
@HopefullyinLawSchool What's YM?
14:19
oh no
HopefullyInLawSchool
14:19
you mom
WorthlessAttractiveZombie
14:19
Ouch
HopefullyInLawSchool
14:19
your*
14:19
I fear I realized too late
babycat
14:20
another victim claimed
concorde
14:22
pwned
14:22
Might have to send in addendums for that
Dkk
14:26
No wave, so sad.
WorthlessAttractiveZombie
14:28
What are the odds that berk releases later today?
babycat
14:28
@Dkk: And here I thought you were a prophet. Smh.
14:33
@WorthlessAttractiveZombie: 4
WorthlessAttractiveZombie
14:35
@EvolBunny: I will take the odds of 4, very promising
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