rebuttable presumption

rebuttable presumption
In the law of evidence, a presumption which may be rebutted by evidence. Otherwise called a "disputable" presumption. A species of legal presumption which holds good until evidence contrary to it is introduced. Beck v. Kansas City Public Service Co., Mo.App., 48 S.W.2d 213, 215.
It shifts burden of proof. Heiner v. Donnan, 285 U.S. 312, 52 S.Ct. 358, 362, 76 L.Ed. 772.
It gives particular effect to certain group of facts in absence of further evidence, and presumption provides prima facie case which shifts to defendant the burden to go forward with evidence to contradict or rebut fact presumed. Guile v. Boggs, Fla., 174 So.2d 26, 28.
And which standing alone will support a finding against contradictory evidence. Lieber v. Rigby, 34 Cal.App.2d 582, 94 P.2d 49, 50
See also presumption
+ rebuttable presumption
A presumption that can be overturned upon the showing of sufficient proof.
In general, all presumptions other than conclusive presumptions are rebuttable presumptions. Once evidence tending to rebut the presumption is introduced, the force of the presumption is entirely dissipated and the party with the burden of proof must come forward with evidence to avoid a directed verdict
Compare conclusive presumptions.

Black's law dictionary. . 1990.

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  • rebuttable presumption — noun : a presumption that may be rebutted by other legal evidence compare presumption of law …   Useful english dictionary

  • rebuttable presumption — legal presumption that can be refuted …   English contemporary dictionary

  • rebuttable presumption — A presumption which is not conclusive but may be overcome by opposing evidence. 30 Am J2d Ev § 1165. A provisional procedural assumption of a fact which is prescribed by a rule of a substantive law. Simpson v Simpson, 162 Va 621, 175 SE 320, 94… …   Ballentine's law dictionary

  • presumption — pre·sump·tion /pri zəmp shən/ n: an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption: a presumption that the law does not… …   Law dictionary

  • presumption — An inference in favor of a particular fact. A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. Van Wart v. Cook, Okl.App., 557 P.2d 1161 …   Black's law dictionary

  • Presumption — In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption includes a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebutable… …   Wikipedia

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  • presumption of law — An assumption made by the law itself, compelling the court to a resulting conclusion, which may or may not have a logical or reasonable foundation in basic fact. 29 Am J2d Ev § 163. A presumption which derives its force from the law of the… …   Ballentine's law dictionary

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