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NeCede's

Maxim 9.3.17

Presumptions are conjectures from probable proof, assumed for purposes of evidence.

Praesumptiones sunt conjecturae ex signo verisimili ad probandum assumptae.

Source: Weisman, 89l Difficulty 1/5 — Foundational

Explanation

Presumptions are inferences drawn from probable signs, adopted as proof until rebutted — they serve the tribunal by supplying what direct evidence cannot always furnish.

Where this applies

  • A court presumes that a letter properly addressed and mailed was received — this is a conjecture based on the probable sign (proper mailing) adopted as proof until the recipient shows otherwise.
  • The law presumes a child born during marriage is legitimate — this is an inference drawn from the probable circumstance (marriage) that stands until rebutted by contrary evidence.
  • A court presumes that a business transaction conducted in the ordinary course was lawful — the probable sign of regular business practice supports the presumption until someone produces evidence of wrongdoing.

Legal domains

Cite this maxim

NeCede Max. 9.3.17 — Presumptions are conjectures from probable proof, assumed for purposes of evidence. — Weisman, 89l (Praesumptiones sunt conjecturae ex signo verisimili ad probandum assumptae.)

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