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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