From The Art and Popular Culture Encyclopedia
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 will normally shift the 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.
- types: Rebuttable presumption, Conclusive presumption
- examples of presumption without basic facts: Presumption of innocence,
- example of presumption with basic facts: Presumption of death, 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.