Posts by admin

presumption of innocence. Criminal law. The fundamental principle that a person may not be convicted of a crime unless the government proves guilt beyond a reasonable doubt, without any burden placed on the accused to prove innocence. [Cases: Criminal Law 308; Evidence 60. C.J.S. Criminal Law § 697; Evidence §§ 146, 150, 179.] [Blacks Law…

presumption-of-identity rule. The common-law rule that unless there is a specific, applicable statute in another state, a court will presume that the common law has developed elsewhere identically with how it has developed in the court’s own state, so that the court may apply its own state’s law. • Today this rule applies primarily in…

presumption-of-fertility rule. See FERTILE-OCTOGENARIAN RULE. [Blacks Law 8th]

presumption of death. A presumption that arises on the unexpected disappearance and continued absence of a person for an extended period, commonly seven years. [Cases: Damages 2. C.J.S. Aeronautics and Aerospace §§ 272–273; Damages §§ 10–11.] [Blacks Law 8th]

presumption. A legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. • Most presumptions are rules of evidence calling for a certain result in a given case unless the adversely affected party overcomes it with other evidence. A presumption shifts the…

presumed-seller test. A method of imposing product liability on a manufacturer if the manufacturer, having full knowledge of the product’s dangerous propensities, would be negligent in placing the product on the market. [Blacks Law 8th]

presumed father. See FATHER. [Blacks Law 8th]

presumed crime. See constructive crime under CRIME. [Blacks Law 8th]

presumed bias. See implied bias under BIAS. [Blacks Law 8th]

presume, vb. To assume beforehand; to suppose to be true in the absence of proof. [Blacks Law 8th]