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LSDefine

Simple English definitions for legal terms

natural presumption

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A quick definition of natural presumption:

Natural presumption is when a fact is assumed to be true based on another fact that is already known or proven. This is often used in legal cases as a way to shift the burden of proof to the opposing party. There are different types of presumptions, including conclusive (which cannot be overcome by additional evidence), rebuttable (which can be challenged with other evidence), and permissive (which the trier of fact can choose to accept or reject). Natural presumption is a deduction of one fact from another, based on common experience.

A more thorough explanation:

Definition: A legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. It is a deduction of one fact from another, based on common experience.

Examples: A common example of a natural presumption is that a person who is found with a smoking gun in their hand is presumed to be the one who fired the gun. Another example is that a person who is found with stolen property in their possession is presumed to have stolen it.

Explanation: Natural presumptions are based on common sense and experience. They are not absolute and can be rebutted with evidence to the contrary. In the examples given, the presumption that the person with the smoking gun fired it can be rebutted if there is evidence that someone else fired the gun. Similarly, the presumption that a person with stolen property in their possession stole it can be rebutted if there is evidence that they obtained it legally.

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