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NeCede's

Maxim 9.3.5

A presumption stands until the contrary is proved.

Praesumptio donec probetur in contrarium.

Source: Hob. 297; 3 Bl. Comm. 371; Weisman, 89e Difficulty 1/5 — Foundational

Explanation

Rebuttable presumptions have the force of proof until overcome by competent evidence to the contrary; the party challenging the presumption bears the burden.

Where this applies

  • There's a legal presumption in my favor and the other side hasn't overcome it.
  • The presumption stands unless they can prove otherwise and they haven't.
  • I have the benefit of a presumption and the burden is on them to rebut it.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 9.3.5 — A presumption stands until the contrary is proved. — Hob. 297; 3 Bl. Comm. 371; Weisman, 89e (Praesumptio donec probetur in contrarium.)

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