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==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] presumpcioun, from Anglo-French presumption, from Late Latin & [[Latin]]; Late Latin praesumption-, praesumptio presumptuous [[attitude]], from Latin, assumption, from praesumere
*[http://en.wikipedia.org/wiki/13th_century 13th Century]
==Definitions==
*1 : presumptuous [[attitude]] or [[conduct]] : audacity
*2a : an attitude or [[belief]] dictated by [[probability]] : [[assumption]]
:b : the ground, [[reason]], or [[evidence]] lending [[probability]] to a [[belief]]
*3: a [[legal]] [[inference]] as to the [[existence]] or [[truth]] of a [[fact]] not certainly known that is drawn from the known or proved [[existence]] of some other [[fact]]
==Description==
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 or conclusive presumption. The [[invocation]] of a presumption shifts the [http://en.wikipedia.org/wiki/Legal_burden_of_proof burden of proof] from one party to the [[opposing]] party in a [[court]] [[trial]]. Presumptions are sometimes categorized into two [[types]]: presumptions without basic [[facts]], and presumptions with basic facts. In the United States, [[mandatory]] presumptions are impermissible in [[criminal]] cases, but permissible presumptions are allowed.
The [[ancient]] [[Jewish]] [[law]] code, the [http://en.wikipedia.org/wiki/Talmud Talmud], included [[reasoning]] from presumptions (''hazakah''), propositions taken to be [[true]] unless there was [[reason]] to [[believe]] otherwise, such as "One does not ordinarily pay a [[debt]] before term." The same [[concept]] was found in [[ancient]] [http://en.wikipedia.org/wiki/Roman_law Roman law], where, for example, if there was [[doubt]] as to whether a child was really the issue of someone who had left [[money]] in a will, the presumption was in [[favor]] of the [[child]]. Medieval Roman and [http://en.wikipedia.org/wiki/Canon_law canon law] graded presumptions according to [[strength]]: light, medium or probable, and [[violent]]. These gradings and many [[individual]] presumptions were taken over into [http://en.wikipedia.org/wiki/English_law English law] in the seventeenth century by [http://en.wikipedia.org/wiki/Edward_Coke Edward Coke].
* types: [http://en.wikipedia.org/wiki/Rebuttable_presumption Rebuttable presumption], [http://en.wikipedia.org/wiki/Conclusive_presumption Conclusive presumption]
* examples of presumption without basic facts: [http://en.wikipedia.org/wiki/Presumption_of_innocence Presumption of innocence]
* example of presumption with basic facts: [http://en.wikipedia.org/wiki/Death_in_absentia Death in absentia], e.g. [[law]] says if a [[person]] has been missing for 7 years or more (basic [[fact]]), that person shall be presumed to be dead.
==References==
# J. Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Baltimore: Johns Hopkins University Press, 2001), 6.
[[Category: Law]]
==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] presumpcioun, from Anglo-French presumption, from Late Latin & [[Latin]]; Late Latin praesumption-, praesumptio presumptuous [[attitude]], from Latin, assumption, from praesumere
*[http://en.wikipedia.org/wiki/13th_century 13th Century]
==Definitions==
*1 : presumptuous [[attitude]] or [[conduct]] : audacity
*2a : an attitude or [[belief]] dictated by [[probability]] : [[assumption]]
:b : the ground, [[reason]], or [[evidence]] lending [[probability]] to a [[belief]]
*3: a [[legal]] [[inference]] as to the [[existence]] or [[truth]] of a [[fact]] not certainly known that is drawn from the known or proved [[existence]] of some other [[fact]]
==Description==
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 or conclusive presumption. The [[invocation]] of a presumption shifts the [http://en.wikipedia.org/wiki/Legal_burden_of_proof burden of proof] from one party to the [[opposing]] party in a [[court]] [[trial]]. Presumptions are sometimes categorized into two [[types]]: presumptions without basic [[facts]], and presumptions with basic facts. In the United States, [[mandatory]] presumptions are impermissible in [[criminal]] cases, but permissible presumptions are allowed.
The [[ancient]] [[Jewish]] [[law]] code, the [http://en.wikipedia.org/wiki/Talmud Talmud], included [[reasoning]] from presumptions (''hazakah''), propositions taken to be [[true]] unless there was [[reason]] to [[believe]] otherwise, such as "One does not ordinarily pay a [[debt]] before term." The same [[concept]] was found in [[ancient]] [http://en.wikipedia.org/wiki/Roman_law Roman law], where, for example, if there was [[doubt]] as to whether a child was really the issue of someone who had left [[money]] in a will, the presumption was in [[favor]] of the [[child]]. Medieval Roman and [http://en.wikipedia.org/wiki/Canon_law canon law] graded presumptions according to [[strength]]: light, medium or probable, and [[violent]]. These gradings and many [[individual]] presumptions were taken over into [http://en.wikipedia.org/wiki/English_law English law] in the seventeenth century by [http://en.wikipedia.org/wiki/Edward_Coke Edward Coke].
* types: [http://en.wikipedia.org/wiki/Rebuttable_presumption Rebuttable presumption], [http://en.wikipedia.org/wiki/Conclusive_presumption Conclusive presumption]
* examples of presumption without basic facts: [http://en.wikipedia.org/wiki/Presumption_of_innocence Presumption of innocence]
* example of presumption with basic facts: [http://en.wikipedia.org/wiki/Death_in_absentia Death in absentia], e.g. [[law]] says if a [[person]] has been missing for 7 years or more (basic [[fact]]), that person shall be presumed to be dead.
==References==
# J. Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Baltimore: Johns Hopkins University Press, 2001), 6.
[[Category: Law]]