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.)
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