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and if a reasonable person of average intelligence could logically conclude from the evidence that the presumption is no longer valid.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

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

rebuttable presumption

Collins Dictionary of Law © W.J. Stewart, 2006
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