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NeCede's

Maxim 9.3.2

A presumption of law and from the law — a conclusive presumption.

Praesumptio juris et de jure.

Source: Co. Litt. 6b; Broom, Max.; Best, Ev. Difficulty 2/5 — Approachable

Explanation

Certain presumptions are so firmly established in law that no contrary evidence is permitted to rebut them; the law treats the presumed fact as conclusively established.

Where this applies

  • There's a legal presumption being used against me that I'm told I can't fight.
  • The court says this presumption is conclusive and I'm not allowed to present contrary evidence.
  • A presumption of law is being treated as absolute and unchallengeable.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 9.3.2 — A presumption of law and from the law — a conclusive presumption. — Co. Litt. 6b; Broom, Max.; Best, Ev. (Praesumptio juris et de jure.)

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