Presumptions

Presumptions


(1)  An inference in favor of a particular fact.


(2)  A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted.  Wart v. Cook, Okl.App., 557 P.2d 1161, 1163.


(3) A legal device which operates in the absence of other proof to require that certain inferences be drawn from the available evidence.
Port Terminal & Warehousing Co. v. John S. James Co., D.C.Ga ., 92 F.R.D. 100, 106.


(4) A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action.


(5)  A presumption is not evidence.


(6)  A presumption is either conclusive or rebuttable.


(7) Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof.  Calif.Evid.Code, §600.


(8) In all civil actions and proceedings not otherwise provided for by Act of Congress or by the Federal Rules of Evidence. a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. Federal Evidence Rule 301.


(9) See also Disputable presumption; inference; Juris et de jure; Presumptive evidence; Prima facie; Raise a presumption.
Black's Law Dictionary, Sixth Edition, Page. 1185 American Jurisprudence Legal Encyclopedia 2d defines "presumption" as follows: American Jurisprudence 2d Evidence. §181


(10) A presumption is neither evidence nor a substitute for evidence. ' Properly used, the term "presumption" is a
 rule of law directing that if a party proves certain facts (the "basic facts") at a trial or hearing, the factfinder must also accept an additional fact (the "presumed fact") as proven unless sufficient evidence is introduced tending to rebut the presumed fact. 2 In a sense, therefore, a presumption is an inference which is mandatory unless rebutted. 3 The underlying purpose and impact of a presumption is to affect the burden of going forward.


(11) Depending  upon a variety of factors, a presumption may shift the burden of production as to the presumed fact. or may shift both the burden of production and the burden of persuasion.


(12)  1 Levasseur v Field (Me) 332 A2d 765; Hinds v John Hancock Mut. Life Ins. Co., 155 Me 349, 155 A2d 721, 85 ALR2d 703 (superseded by statute on other grounds as stated in Poitras v R. E. Glidden Body Shop, Inc. (Me) 430 A2d 1113); Connizzo v General American Life Ins. Co (Mo App) 520 SW2d 661.


(a)  Inferences and presumptions are a staple of our adversary system of factfinding, since it is often necessary for the trier of fact to determine the existence of an element of a crime-that is an ultimate or elemental fact-from the existence of one or more evidentiary or basic facts. County Court of Ulster County v Allen, 442 US 140, 60 L Ed 2d 777, 99 S Ct 2213. 3 Legille v Dann, 178 US App DC 78, 544 F2d 1, 191 USPQ 529; Murray v Montgomery Ward Life Ins. Co., 196 Colo 225, 584 P2d 78; Re Estate of Borom (Ind App) 562 NE2d 772; Manchester v Dugan (Me) 247 A2d 827; Ferdinand v Agricultural Ins. Co., 22 NJ 482, 126 A2d 323. 62 ALR2d 1179, Smith v Bohlen, 95 NC App 347, 382 SE2d 812, affd 328 NC 564, 402 SE2d 380; Larmay v Van Etten, 129 Vt 368, 278 A2d 736; Martin v Phillips, 235 Va 523, 369 SE2d 397.4 FRE. Rule 301 5  *198.

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