rebuttable presumption


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Rebuttable Presumption

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and if a reasonable person of average intelligence could logically conclude from the evidence that the presumption is no longer valid.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)

rebuttable presumption

see PRESUMPTION.
References in periodicals archive ?
Banks with limited trading assets and liabilities of less than $1 billion will have a rebuttable presumption of compliance with the Volcker Rule.
Create a rebuttable presumption of release for petitioners who are 50 years of age or older on the date of the petition.
The bill, HF 1666, would establish a rebuttable presumption that a court shall award 50 percent of the parenting time for the child to each parent.
'[T]here is a rebuttable presumption that partitioned property should be equally divided.' Canepari v.
In 2005, the legislature added a provision to the collateral source rule stating that there was a "rebuttable presumption" that the amount the plaintiff actually paid for medical care represents the value of that treatment.
Carilion acknowledged the principle that, once a plaintiff contends that actors were employees of a defendant, a rebuttable presumption arises that the employees were acting within the scope of their employment when committing the alleged tort.
Previously, there was a rebuttable presumption under Missouri law that the dollar amount necessary to satisfy the financial obligation to the healthcare provider represented the value of the medical treatment received.
Three loans were designated as Rebuttable Presumption QM.
We believe a rebuttable presumption of shared parenting after separation will help the individuals involved draw up arrangements that genuinely put the interests of their children first.
Officially, the Standards Review Committee considered an explainer for Standard 501 of the ABA rules that would create a rebuttable presumption that a law school was not in compliance with admissions standards if it did not require a standardized test.
This definition points to the use of "prima facie correct" as a rebuttable presumption of correctness.
The problem with these cases is there's a rebuttable presumption that the product is in compliance with all of the federal and state standards.