Skip to content
NeCede's

Maxim 9.3.3

A strong presumption has great weight in law.

Praesumptio violenta valet in lege.

Source: Jenk. Cent. p. 56, case 3; Co. Litt. 6b; Weisman, 89c Difficulty 2/5 — Approachable

Explanation

Where the circumstances raise a violent presumption — one so strong as to amount to full proof — it operates with the force of direct evidence and shifts the burden to the opposing party. (Duplicate maxim — see also 1.5.253.)

Where this applies

  • The circumstantial evidence creates such a strong presumption that it's basically proof.
  • All the evidence points one way and the presumption is overwhelming.
  • The other party needs to respond because the presumption against them is extremely strong.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 9.3.3 — A strong presumption has great weight in law. — Jenk. Cent. p. 56, case 3; Co. Litt. 6b; Weisman, 89c (Praesumptio violenta valet in lege.)

Found an error? Suggest a correction →