noun
A legal assumption that
something is a fact based upon another proven fact or set thereof. The
presumption is given sufficient weight, once established, that an even greater
amount of evidence to the contrary would be needed in order to contravene it.
It has the effect of shifting the burden of proof or that of producing evidence
to the opposing party. See
inference.
conclusive (non-rebuttable) presumption
A presumption that no amount of evidence
or argument is strong enough to overcome.
rebuttable presumption
A presumption that is strong enough to make a prima facie case, but that is subject
to being overcome by the presentation of stronger evidence to the contrary.