Simple English definitions for legal terms
Read a random definition: probatio viva
A rebuttable presumption is a rule that is assumed to be true based on certain facts, but can be proven false if there is evidence to the contrary. It's like when you assume something is true until someone shows you it's not.
Definition: A legal rule that can be assumed to be true based on certain facts, but can be challenged and proven false with evidence.
Example: In some states, there is a rebuttable presumption that a child born during a marriage is the biological child of the husband. This means that unless proven otherwise, the husband is assumed to be the father of the child. However, if DNA evidence is presented that proves the husband is not the biological father, the presumption can be rebutted.
Explanation: This example illustrates how a rebuttable presumption works in a legal context. The presumption that the husband is the father is based on the fact that the child was born during the marriage. However, this presumption can be challenged and proven false with DNA evidence. This shows that a rebuttable presumption is not absolute and can be overcome with evidence to the contrary.