Presumption in United States
Practical Information
Note: Some of this information was last updated in 1982
An inference about the existence of one fact from the existence of some other fact, founded upon a previous experience of their connection. Presumption of law requires that a particular inference must be drawn from an ascertained state of facts. For example, a child of seven is, under the common law (in U.S. law) rule, conclusively presumed to be incapable of committing a crime.
Presumption of fact is a term used to describe a logical inference that the court is authorized, but not required, to draw from the evidence in the case. As an example, it might be inferred that a person in possession of a murder weapon committed the murder.
What is Presumption?
For a meaning of it, read Presumption in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Presumption.
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Further Reading (Articles)
Presumption-Of-Adequacy Defense Is Clarified And Reinforced.(Dora Bailey v. Wyeth inc)(Case overview), Mondaq Business Briefing; December 30, 2011
Colliding presumptions.(Canada’s Youth Criminal Justice Act 2001), LawNow; July 1, 2008; Mitchell, Teresa
Rescher, Nicholas. Presumption and the Practices of Tentative Cognition.(Book review), The Review of Metaphysics; December 1, 2007; Jaspers, Andrew
The Puzzling Presumption of Reviewability, Harvard Law Review; March 1, 2014; Bagley, Nicholas
The Irreparably Harmed Presumption? Why the Presumption of Irreparable Harm in Trademark Law Will Survive eBay and Winter, Brigham Young University Law Review; March 1, 2011; Sanchez, Jeffrey M.
Florida’s new statutory presumption of undue influence: does it change the law or merely clarify?, Florida Bar Journal; February 1, 2003; Nilsson, Steven G.
Presumptive reasoning applied to legal doctrine: Presumptions and burdens of proof as tools for legal stability and change, Harvard Journal of Law & Public Policy; July 1, 1994; Frankel, Tamar
Trashing the Presumption: Intervention on the Side of the Government, Environmental Law; March 22, 2009; Black, Kathy
New Jersey Supreme Court Confirms “Super Presumption” Of FDA Label.(Case overview), Mondaq Business Briefing; March 27, 2012; Rosenberg, Ezra
The wild and wooly world of inference and presumptions – when silence is deafening., Florida Bar Journal; November 1, 2005; Morman, Daniel
The “Fraud-on-the-Market” Presumption of Reliance Revisited: Supreme Court Declines to Require Proof of Materiality at Class Certification Stage, Mondaq Business Briefing; March 11, 2013
The Presumption of Jury Competence: Sarrazin’s New Acknowledgment of Cognitive Biases and Its Implications for Counsel, University of Toronto Faculty of Law Review; March 22, 2013; Freeman, Hannah
Presumption of Innocence Doctrine Is Topic of Scientific Paper, US Fed News Service, Including US State News; March 21, 2014;
Irrebuttable Presumption, Encyclopedia of the American Constitution; January 1, 2000
Advancing the Best Interests of the Child: Why South Dakota Should Strengthen Its Rebuttable Presumption against Awarding Custody to Abusive Parents, South Dakota Law Review; June 22, 2011; Lamprecht, Rebecca S.
The Misperception and Ensuing Error concerning the Presumption of Arbitrability in New York Public Employment, Albany Law Review; December 22, 1999; Ruffo, Philip J.;
New Life For Stock-Drop Lawsuits: Sixth Circuit Rejects Moench Presumption At Pleading Stage.(Employee Retirement Income Security Act of 1974)(Moench v. Robertson 62 F.3d 553 (3d Cir. 1995)), Mondaq Business Briefing; March 6, 2012
Ninth Circuit Rejects Presumption of Irreparable Harm for Trademark Owners, Mondaq Business Briefing; December 11, 2013; Wakefield, Jedediah
The “Fraud-on-the-Market” Presumption of Reliance Revisited: Supreme Court Hears Oral Argument in Amgen Inc. V. Connecticut Retirement Plans and Trust Funds, Mondaq Business Briefing; November 22, 2012
Presumption against war or presumption against injustice? The just war tradition reconsidered., Journal of Church and State; March 22, 2005; Charles, J. Daryl
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