Define: Probative Presumption Of Fact

A probative presumption of fact is a legal inference drawn by a court or jury based on established facts that logically support a particular conclusion. Unlike legal presumptions, which require the trier of fact to accept a presumed fact as true until proven otherwise, probative presumptions merely suggest a factual inference that may be drawn from the evidence presented. These presumptions assist the fact-finder in evaluating the evidence and reaching a determination in a case. However, they are not conclusive and can be rebutted by contrary evidence or argument. Probative presumptions are commonly used in legal proceedings to streamline the decision-making process and guide the assessment of evidence, particularly in cases where direct proof of a fact may be lacking.

In general, a party seeking to establish a case in court must offer evidence to support all relevant assertions. However, certain facts are sufficiently well established in courtroom practice that they don’t need specific proof. For example, it does not have to be proved that if a driver had a breath-test for alcohol at the scene of a road accident, and the test was positive, that the driver had consumed too much alcohol to drive. In other words, there is a presumption that these devices measure accurately and that the measurements are universally applicable. Similar reasoning applies, for example, to speed measuring devices. In such a case the burden of proof would be on the accused to show that in that specific case the presumption could not be justified.

See also: Formal admission, Judicial notice, Probative presumption of law, Proof

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.