A presumption is an assumption or inference made by a court or legal authority about a fact or circumstance based on certain evidence or legal rules. It allows the court to draw conclusions in the absence of direct evidence or when the available evidence is unclear or ambiguous. Presumptions can be either rebuttable, meaning they can be disproven with contrary evidence, or irrebuttable, meaning they are conclusive and cannot be challenged. Common types of presumptions include presumptions of innocence in criminal cases, which require the prosecution to prove guilt beyond a reasonable doubt, and presumptions of legitimacy in family law, which presume that a child born to a married couple is the biological child of both spouses. Presumptions play a significant role in legal proceedings by guiding judicial decision-making and allocating the burden of proof between parties.
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This glossary post was last updated: 29th March, 2024.
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