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Simple English definitions for legal terms
Morgan presumption
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A quick definition of Morgan presumption:
Term: Morgan Presumption
Definition: The Morgan presumption is a legal concept that shifts the burden of proof onto the person against whom it operates. This means that if someone is presumed to have done something, like knowingly possessing an illegal substance, they must provide enough evidence to prove otherwise. The Morgan presumption was named after Edmund M. Morgan, who wrote about instructing juries on presumptions and burdens of proof in 1933.
Example: If someone is arrested while in possession of drugs, they are presumed to have knowingly possessed them. This means that the burden of proof is on the defendant to provide enough evidence to convince the jury that they did not knowingly possess the drugs.
Related term: Thayer Presumption
A more thorough explanation:
The Morgan presumption is a legal concept that shifts the burden of proof onto the person against whom it operates. This means that the person must produce enough evidence to outweigh the evidence that supports the presumed fact.
For example, if a criminal defendant is arrested while in possession of an illegal substance, they are presumed to have knowingly possessed it. The Morgan presumption requires the defendant to produce enough evidence to convince the jury that their evidence outweighs the evidence of knowing possession.
The Morgan presumption was first introduced by Edmund M. Morgan in his article "Instructing the Jury Upon Presumptions and Burdens of Proof" in 1933.
Another example of the Morgan presumption is in a civil case where a plaintiff is presumed to have suffered damages as a result of the defendant's actions. The defendant must produce enough evidence to outweigh the evidence of damages.
Overall, the Morgan presumption places a higher burden of proof on the person against whom it operates, requiring them to produce enough evidence to outweigh the evidence that supports the presumed fact.