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Simple English definitions for legal terms

statutory presumption

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A quick definition of statutory presumption:

A statutory presumption is when the law assumes that something is true based on other facts that are known or proven. This means that in a court case, one side has to prove that the presumption is not true. There are different types of presumptions, such as ones that can be overcome with more evidence and ones that cannot be overcome. Sometimes, a presumption is just a guess based on common sense.

A more thorough explanation:

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

For example, in some states, there is a statutory presumption that a driver with a blood alcohol concentration (BAC) of 0.08 or higher is legally intoxicated. This means that if a driver is found to have a BAC of 0.08 or higher, it is presumed that they were driving while intoxicated, and the burden shifts to the driver to prove otherwise.

Another example is the statutory presumption of paternity. In some states, if a man is married to a woman when she gives birth, he is presumed to be the father of the child. This presumption can be overcome with evidence that he is not the biological father.

Overall, a statutory presumption is a legal tool used to make assumptions about certain facts based on other established facts. It can be overcome with evidence to the contrary, but it places the burden of proof on the opposing party.

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YRDSL
17:08
im a 1 issue voter - if i want someone to be elected i vote for them
woof
texaslawhopefully
17:08
I've seen some that could be as high as 7k though
17:08
@jackfrost11770: ya prolly don't buy any lotto tickets tonite
get on that trump coin before the rug pull lol
Dkk
17:09
@BigStrongBug: I don't consider myself a one issue voter but if I had to pick one it would be gender relations.
i am a one issue voter for the economy, which is why i voted harris
texaslawhopefully
17:10
Here's a fairly well respected estimate fruitybat: The proposed tariffs could cost consumers an additional $2,500 to $7,600 a year per household, according to estimates, said Jonathan Gold, vice president of supply chain and customs policy for the National Retail Federation.
i am a voter so i voted
17:11
Lol what does gender relations mean
17:11
Like are you anti gay marriage?
texaslawhopefully
17:11
@Dkk: So you care about gender relations over the Constitution, institutional stability, the economy, political norms, etc.?
blue collar trump voters are gonna blame anything but him anyway when the price of their household consumption goes through the roof. I wonder how they'll spin that narrative.
17:11
Or are you an all inclusive hater and include trans folks too
texaslawhopefully
17:12
Even if you have conservative social values you still shouldn't like Trump lol, but that's a whole diff convo
I love when people prefer putting not talking about gender in schools at the top of the agenda instead of dealing with school shootings
this is going to blow your mind but once you realize women and men are more similar than different you will drown in pussy or dick
17:12
@HopefullyInLawSchool: $45k @ KS is really good. $145k is to attend it is not a bad deal
facts knowledgeable
Also love how he put an EO to leave the Paris climate agreement in the midst of the LA wildfires and places who haven’t gotten snow in 15 years now getting storms
@llama: it would only be 17,000 ish per year
17:15
yeah and i think after 1L u get in state? not certain
I dont think so based on my very brief research
17:16
hmm I know some school offer that in their offer (I also believe KS does not negotiate) but I wonder which schools would reconsider with a condition of in state after 1L yr?
Dkk
17:17
@texaslawhopefully: Not necessarily but I believe what Aristotle used to say. He used to say you could not have a functioning political system if you can not get gender relations right. Or essentially that.
KS does negotiate! I got an email saying theyre doing it for the first time this year
its rather limited but its not nothing
17:18
@HopefullyInLawSchool: noted, thanks for the intel. I know we joke around but all things conidered, KS is goated
Dkk
17:18
@BigStrongBug: Nah aristotle only applies gender as a role which I think either sex could fulfill. My issue with Trump's EO to limit things to only sex but I am fine with him doing it for now.
Yeah and Aristotle old as hell boy he would’ve died of hysteria after learning what the internet and tiktok is
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