Presumption
Legal Definition and Related Resources of Presumption
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Presumption
Presumptions are either of fact or of law. Presumptions of fact are inferences which a court is at liberty , but not compelled, to draw from the facts proven before it. The expression of a process of reasoning and most, if not all, rules of indirect evidence may be expressed as such. III. C.R. Co. v interstate commerce Comm., 206 U.S. 441, 27 S.Ct. 700, 51 L.Ed. 1128. A presumption upon a matter of fact, means that common experience shows the fact to be so generally true that courts may notice the truth of the fact inferred. Greer v U.S., 245 U.S. 559, 38 S.Ct. 209, 62 L.Ed. 469. An inference which enlightened common sense and experience may draw from the connection, relation and coincidence of facts and circumstances with each other. Indianapolis v Keelev, 167Ind. 516, 79N.E. 499. Presumptions of law are arbitrary consequences expressly annexed by law to particular facts. These are assumptions made by the law itself, compelling the court to a resulting conclusion from facts already proven. Presumptions of law are either conclusive or rebuttable. Conclusive or irrebuttable presumptions of law are grounded upon expediency or public policy. United States v Provident trust Co., 291 U.S. 272, 54 S.Ct. 389, 78 L.Ed. 793. A rebuttable presumption is one which imposes on the party against whom it is invoked the duty to offer evidence to the contrary. §1-201(31) of U.C.C. contains the following definition: Presumption or presumed means that the trier of fact must find the existence of the fact presumedunless and until evidence is introduced which would support a finding of its non-existence. Also see federal rules of evidence , §301, Appendix 5.
Synonyms of Presumption
noun
anticipation
assumption
belief
conception
coniectura
conjecture
deduction
ground for believing
hypothesis
inference
likelihood
opinio
opinion
postulate
predilection
predisposition
premise
presupposition
probability
reasonable supposition
required assumption
required legal assumption
speculation
strong probability
supposition
surmise Associated Concepts: conclusive presumption
disputable presumption
presumption against suicide
presumption of authority
presumption of constitutionality
presumption of continuance
presumption of death
presumption of delivery
presumption of innocence
presumption of knowledge
presumption of law
presumption of legitimacy
presumption of regularity
rebuttable presumption
statutory presumptionforeign phrases: Cuicunque aliquis quid concedit concedere videtur et id
sine quo res ipsa esse non potuit
One who grants anything to another is held to grant also that without which the thing is worthless
Lex judicat de rebus necessario faciendis quasi re ipsafactis
The law judges of things which must necessarily be done as if they were actually done
Novatio non praesumitur
A novation is not presumed
Nemo praesumitur malus
No one is presumed to be wicked
Nemo praesumitur ludere in extremis
No one is presumed to be jesting while at the point of death
Nihil nequam est praesumendum
Nothing wicked should be presumed
Semper praesumitur pro legitimatione puerorum
The presumption always is in favor of the legitimacy of children
Stabitpraesumptio donee probetur in contrarium
A presumption stands until the contrary is proven
Praesumptiones sunt conjecturae exsigno verisimili ad probandum assumptae
Presumptions are conjectures from probable proof
assumed for purposes of proof
Frausestodiosaetnonpraesumenda
Fraud is odious and will not be presumed
Donatio non praesumitur
A gift is not presumed to have been made
Nemo praesumitur donare
No one is presumed to have made a gift
Favorabiliores rei
potius quam adores
habentur
The condition of the defendant is to be favored rather than that of the plaintiff
Nobiliores et benigniorespraesumptiones in dubiis sunt praeferendae
the more generous and more benign presumptions are to be preferred
Nullum iniquum est praesumendum in jure
Nothing iniquitous is to be presumed in law
Quisquís praesumitur bonus; et semper in dubiis pro reo respondendum
Everyone is presumed to be good; and in doubtful cases it should be resolved in favor of the accused
Praesumitur pro legitimatione
There is a presumption in favor of legitimacy
Semper praesumitur pro matrimonio
The presumption is always in favor of the validity of a marriage
Malum non praesumitur
Evil is not presumed
Propossessionepraesumitur de jure
A presumption of law arises from possession
Praesumptio violenta
plena probatio
Semper qui non prohibet pro se intervenire
mandare creditur
He who does not prohibit the intervention of another in his behalf is deemed to have authorized it
Probatis extremis
praesumuntur media
The extremes having been proved
those things which lie between are presumed
those things which lie between are presumed
In favorem vitae
libertatis
et innocentiae
omnia praesumuntur
Every presumption is made in favor of life
liberty and innocence
Nulla impossibilia aut inhonesta suntpraesumenda; vera autem et honesta etpossibilia
Everyone is presumed to be good; and in doubtful cases it should be resolved in favor of the accused
Praesumitur pro legitimatione
There is a presumption in favor of legitimacy
Semper praesumitur pro matrimonio
The presumption is always in favor of the validity of a marriage
Malum non praesumitur
Evil is not presumed
Propossessionepraesumitur de jure
A presumption of law arises from possession
Praesumptio violenta
plena probatio
Strong presumpt ion is full proof
Semper qui non prohibet pro se intervenire
mandare creditur
He who does not prohibit the intervention of another in his behalf is deemed to have authorized it
Probatis extremis
praesumuntur media
The extremes having been proved
those things which lie between are presumed
In favorem vitae
libertatis
et innocentiae
omnia praesumuntur
Every presumption is made in favor of life
liberty and innocence
Nulla impossibilia aut inhonesta suntpraesumenda; vera autem et honesta etpossibilia
No things that are impossible or dishonorable are to be presumed; but things that are true and honorable and possible
Omnia praesumuntur legitime facta donee probetur in contrarium
All things are presumed to be lawfully done
until the contrary is proven
Lex neminem cogit ostendere quod nescire praesumitur
The law compels no one to divulge that which he is presumed not to know
Injuria non praesumitur
A wrong is not presumed
Lexsuccurrit minoribus
The law assists minors
Melius est jus deficiens quam jus incertum
A deficient law is better than an uncertain one
Multa in jure communi contra rationem disputandi
pro communi utilitate introducta sunt
Many things have been introduced into the common law
which are contrary to the public good
which are inconsistent with sound reason
Non exemplis sed legibus judicandum est
Judgment should not be rendered from examples
but by the law
Id possumus quod de jure possumus
We may do only that which we are able to do lawfully
Idem est non probari et non esse; non deficit jus
sed probatio
What is not proved
The civil law is that law which the people establish for themselves
Lexprospicit
non respicit
The law looks forward
not backward
Lex rejicit superflua
pugnantia
incongrua
The law rejects those matters which are superfluous
repugnant
or incongruous
Lex semper dabit remedium
The law always furnishes a remedy
Contra legem facit qui idfacit quod lex prohibit; in fraudem vero qui
salvis verbis legis
sententiam ejus circumvenit
He who does what the law prohibits
acts in fraud of the law
the letter of the law being inviolate
cheats the spirit of it
Lesfictions naissent de la loi
et non la loi des fictions
Ubi non est directa lex
standum est arbitrio judicis
vel procedendum ad similia
Where there is no direct law
the decision of the judge is to be taken
or references to be made to similar cases
Consuetudo ex certa causa rationabili usitata privat communem legem
A custom
based on a certain and reasonable cause
supersedes the common law
Jus vendit quod usus approbavit
The law recommends what use or custom has approved
Laleyfavour lavie d'unhomme
The law favors human life
Actus legis nemini est damnosus
The act of the law shall prejudice no one
Matter en ley ne serra mise in bouche del jurors
A
matter of law shall not be put into the mouth of jurors
Equitas sequitur legem
Equity follows the law
Nonobligatlexnisipromulgata
Ignorance of the law is no excuse
Executio juris non habet injuriam
The execution of law does no injury
Ignorantia excusatur
non juris sed facti
Ignorance of fact may excuse
but not ignorance of law
Scire leges non hoc est verba earum tenere
sed vim ac potestatem
To know the laws is not to observe their words alone
but their force and power
Perpetua lex est nullam legem humanam ab positivam perpetuam esse
et clausula quae abrogationem excludit ab initio non valet
lt is a perpetual law that no human and positive law can be perpetual
and a clause Rin a lawi which precludes the power of abrogation or repeal is void from the beginning
Experientia per varios actus legem facit
magistra rerum experientia
Experience by various acts makes law
experience is the mistress of things
Nemo jus sibi dicere potest
No one can declare the law for himself
Lex aequitate gaudet; appetit perfectum; est norma recti
Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi
That is the best system of law which leaves the least to the discretion of the judge; that judge is the best who leaves the least to his own discretion
Jus quo universitates utuntur est idem quod habent privati
The law which governs corporations is the same as that which governs individuals
Ignorantia facti excusat
ignorantia juris non excusat
Ignorance of fact excuses; ignorance of the law does not excuse
Regula est
juris quidem ignorantiam cuique nocere
facti vero ignoranliam non nocere
'Y'he rule is that a person's ignorance of the law may prejudice him
but that his ignorance of fact will not
Per varios actus legem experientia facit
By various acts experience makes the law
Juris affectus in executione consistit
The effectiveness of a law lies in its execution
Cessante ratione legis
cessat et ipsa lex
Where the reason for a law ceases
the law itself also ceases
Fortior etpotentior est dispositio legis quam hominis
The disposition of the law has greater force and stronger effect than that of man
Judicis est jus dicere
non dare
lt is the duty of a judge to declare the law
not to make it
Lex est dictamen rationis
Law is the dictate of reason
Lex est ratio summa
quae jubet quae sunt utilia et necessaria
et contraria prohibet
That which is law is the consummation of reason
which commands those things useful and necessary
while prohibiting the contrary
Nemo est supra leges
No one is above the law
Ubi jus incertum
ibi jus nullum
Where the law is uncertain
there is no law
Lex neminem cogit ad vana seu inutilia peragenda
The law compels no one to do futile or useless things
Ex facto jus oritur
Law arises out of facts
Argumentum ab inconvenienti est validum in lege; quia lex nonpermittit aliquod inconveniens
An argument drawn from what is inconvenient is good in law
because the law will not permit any inconvenience
Injustum est
nisi tota lege inspecta
de una aliqua ejusparticulaproposita judicare vel respondere
It is unjust to give judgement or advice concerning any particular clause of a law without having examined the whole law
Cuilibet licet juri pro se introducto renunciare
Any one may waive or renounce the benefit of a principle or rule of law that exists only for his protection
Ignorantia legis neminem excusat
Ignorance of law excuses no one
Ipsae leges cupiunt utjure regantur
The laws themselves are desirous of being governed by what is right
Exempla illustrant non restringunt legem
Examples illustrate
but do not restrain
the law
Obedientia est legis essentia
Obedience is the essence of the law
Consuetudo est altera lex
Custom is another law
Consuetudo vincit communem legem
si sit specialis; et interpretatur legem scriptam
si lex sit generalis
Custom and common usage override the unwritten law
if it be special; and interpret the written law
if the law be general
Consuetudo est optimus interpres legum
Custom is the best interpreter of th e laws
Conventio privatorum nonpotest publico juri derogare
The agreement of private persons cannot derogate from public right
Conventio vincit legem
The express agreement of parties overcomes the law
Quamvis lexgeneraliter loquitur
restringendatamen est
ut
cessante ratione
ipsa cessat
Although a law speaks generally
yet it is to be restrained
so that when its reason fails
it should cease also
Processus legis est gravisvexatio
executiolegiscoronatopus
there is the same law; and where there are similar situations
the judgment is the same
Lex nil frustrafacit
The law does nothing in vain
Lexnondeficit in justitia exhibenda
The law does not fail in dispensing justice
Lex plus laudatur quando ratione probatur
The law is most praiseworthy when it is consistent with reason
Ubi lex aliquem cogit ostendere causam
necesse est quod causa sitjusta et legitima
Where the law compels a man to show cause
it is necessary' that the cause be just and legal
Ita semper fiat relatio ut valeat dispositio
Let the interpretation be so made that the disposition stands
Judex est lex loquens
The judge is the law speaking; that is
he is the mouthpiece of the law
Natura appetit perfectum; ita et lex
Nature seeks perfection
and so does the law
A verbis legis non est recedendum
The words of the law must not be departed from
Casus omissus et oblivioni datus dispositioni communis juris relinquitur
A case omitted and forgotten is left to the disposal of the common law
Contemporanea expositio est optima et fortissimo in lege
Contemporaneous exposition is the best and most powerful in the law
Neque leges neque senatus consulta ita scribipossunt ut omnis casus qui quandoque in sediriunt comprehendatur; sed sufficit ea quae plaerumque accidunt contineri
Neither laws nor acts of a legislature can be so written as to include all actual or possible cases; it is sufficient if they provide for those things which frequently or ordinarily may happen
Jura eodem modo destituuntur quo constituuntur
Laws are abrogated by the same means by which they are enacted
Jura naturae sunt immutabilia
The laws of nature are unchangeable
Leges humanae nascuntur
vivunt
et moriuntur
Human laws are born
live
and die
Legibus sumptis desinentibus
lege naturae utendum est
When laws imposed by the state fail
the laws of nature must be invoked
Tortura legumpessima
The torture or wresting of laws is the worst kind of torture
Nova constitutiofuturisformam imponere debet
nonpraeteritis
A new law ought to affect the future
not what is past
Ad ea quae frequentius accidunt jura adaptantur
Laws are adapted to those cases which most commonly occur
Inae datae leges ne fortior omnia posset
Laws were made lest the stronger might become allpowerful
Ex malis moribus bonae leges natae sunt
Good laws arise from evil morals
Quando lex est specialis
ratio autem generalis
generaliter lex est intelligenda
When a law is special
but its reason general
the law is to be understood generally
Intentio inservire debet legibus
non leges intentioni
The intention ought to be subservient to the laws
not the laws to intentions
Legislatorumest viva vox
rebus et non verbis
Optimam esse legem
quae minimum relinquit arbitrio judicis; id quod certitudo ejuspraestat
That law is best which leaves the least to the decision of the judge; this being an advantage which results from its certainty
Leges posteriores priores contrarias abrogant
Subsequent laws repeal prior laws that are repugnant to them
Jus est ars boni et aequi
Law is the science of what is good and just
Nihil infra regnum subditos magis conservat in tranquilitate et concordia quam debita legum administratio
Nothing better preserves in tranquillity and concord those subjected to the same government better than one due administration of the laws
Aequum et bonum est lex legum
That which is equitable and good is the law of laws
Related Entries of Presumption in the Lawi Project
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Presumption in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Color Of Authority, , Direct Evidence, Easement, Ejectment, Illegitimate, Illegitimate Children, Illinois Rule, Indenture, Insanity, Interlineation, Issue, Lost Grant, Malice In Law, Non-access, Prescription, Presume, Presumption Of Advancement, Presumption Of Continuance Of Life, Presumption Of Death, Presumption Of Survivorship, Recent Possession, Trust.
Translate Presumption of Innocence from English to Spanish
Translation of Presumption of Innocence , with examples. More about free online translation into Spanish of Presunción de inocencia and other legal terms is available here.
Presunción de inocencia
Presumption in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of presumption.
Meaning of Presumption in Spanish
Description/ translation of presumption into Spanish: presunción; conclussive presumption (=irrebutable presumption): presunción concluyente o irrebatible, presunción iuris et de iure; bursting bubble pressumption: presunción iuris tantum[1]
Note: for more information on related terms and on the area of law where presumption belongs (criminal procedure law), in Spanish, see here.
Notes and References
Translation of Presumption published by Antonio Peñaranda
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See Also
Law Enforcement Officer
Police
Law Enforcement Agency
Further Reading
Concept of Presumption in the context of Real Property
A short definition of Presumption: An inference reached by probability and reasoning in the absence of absolute fact. A presumption of law is the required drawing of an inference from existing facts. The presumption may be rebuttable or conclusive. If rebuttable, facts may be presented to refute the presumption. If conclusive, no facts may be presented, as in estoppel.
Concept of Presumption in the context of Real Property
A short definition of Presumption: An inference reached by probability and reasoning in the absence of absolute fact. A presumption of law is the required drawing of an inference from existing facts. The presumption may be rebuttable or conclusive. If rebuttable, facts may be presented to refute the presumption. If conclusive, no facts may be presented, as in estoppel.
Presumption
Presumption