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Rebuttable Presumption

   Also found in: Financial, Wikipedia 0.01 sec.

A conclusion as to the existence or nonexistence of a fact that a judge or jury must draw when certain evidence has been introduced and admitted as true in a lawsuit but that can be contradicted by evidence to the contrary.

A rebuttable presumption can be overturned only if the evidence contradicting it is true and if a reasonable person of average intelligence could logically conclude from the evidence that the presumption is no longer valid. For example, a person who has been judicially declared incompetent is presumed incompetent unless there is sufficient proof, usually in the form of medical testimony, that the person has regained competency.

In Criminal Law, there is a Presumption of Innocence in favor of the accused. The prosecution must establish Beyond a Reasonable Doubt that the accused committed the crime charged.


rebuttable presumption n. since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy. (See: presumption)



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The 1996 regulations also instituted a "36-month rule," which created a rebuttable presumption that if a creditor had not received a payment on a loan in 36 months, it was required to issue Form 1099-C.
John Beavon, Trading Standards Manager at Walsall Council, said: "Adopting the policy would create a rebuttable presumption that applications for new premises licenses or club premises certificates that are likely to add to the existing cumulative impact will normally be refused.
How the KCSA Operates Now: The Rebuttable Presumption of Detriment In its effort to protect children who have been subjected to sexual abuse, the KCSA creates a rebuttable presumption of detriment to a child when a parent or caregiver has "been found guilty, regardless of adjudication, or has entered a plea of guilty or nolo contendere to" certain specified crimes (7) or has been determined by a court to be a sexual predator.
 
 
 
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