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In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
praesumptio iuris tantum - rebuttable presumption; praesumptio iuris et de iure - irrebuttable or conclusive presumption; praesumptio innocentiae: Presumption of innocence: praesumptio veritatis et solemnitatis: presumption of truth and solemnity Presumption of regularity, which attaches to public instruments admissible to prove the truth of ...
Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful, [1] [2] drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law".
In other words, the person asserting that a search was conducted must show that they kept the evidence in a manner designed to ensure its privacy. The first part of the test is related to the notion "in plain view". If a person did not undertake reasonable efforts to conceal something from a casual observer (as opposed to a snoop), then no ...
Accumulatio – the emphasis or summary of previously made points or inferences by excessive praise or accusation.; Actio – canon #5 in Cicero's list of rhetorical canons; traditionally linked to oral rhetoric, referring to how a speech is given (including tone of voice and nonverbal gestures, among others).
Begging the question (petitio principii) – using the conclusion of the argument in support of itself in a premise (e.g.: saying that smoking cigarettes is deadly because cigarettes can kill you; something that kills is deadly).
Where legislation and case law are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. In the United Kingdom this principle is known as parliamentary sovereignty ; but while Parliament has exclusive competence to legislate, the courts (mindful of their historic role of having developed ...
Bust of Aristotle, whose Prior Analytics contained an early discussion of this fallacy. The original phrase used by Aristotle from which begging the question descends is τὸ ἐξ ἀρχῆς αἰτεῖν, or sometimes ἐν ἀρχῇ αἰτεῖν, ' asking for the initial thing '.