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NeCede's

Maxim 1.5.253

A strong presumption avails in law.

Praesumptio violenta valet in lege.

Source: Jenk. Cent. 56; Wharton; Weisman, 89b Difficulty 1/5 — Foundational

Explanation

A violent or compelling presumption has the force of proof — when the circumstances point overwhelmingly in one direction, the law treats the presumption as equivalent to direct evidence. (Duplicate maxim — see also 9.3.3.)

Where this applies

  • Overwhelming circumstantial evidence points to a conclusion.
  • A strong presumption is used as proof when direct evidence is unavailable.

Legal domains

equityprocedural

See also

Cite this maxim

NeCede Max. 1.5.253 — A strong presumption avails in law. — Jenk. Cent. 56; Wharton; Weisman, 89b (Praesumptio violenta valet in lege.)

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