Presumptions

All things are presumed to have been done rightly and in due form.

Omnia praesumuntur rite et solemniter esse acta.

Source: Co. Litt. 232b; Broom, Max. 847; Best, Ev. §300; Weisman, 89f

Until contrary proof is adduced, the law presumes that official acts were performed lawfully and that regular procedures were followed.

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

Praesumptio juris et de jure.

Source: Co. Litt. 6b; Broom, Max.; Best, Ev.

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.

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

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.)

All things are presumed in favor of life, liberty, and innocence.

In favorem vitae, libertatis, et innocentiae omnia praesumuntur.

Source: Lofft, 125; Jackson, No. 379

When facts are doubtful, every presumption is made in favor of the accused and against forfeiture of life or liberty — the law will not presume guilt.

A presumption stands until the contrary is proved.

Praesumptio donec probetur in contrarium.

Source: Hob. 297; 3 Bl. Comm. 371; Weisman, 89e

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

All things are presumed against a despoiler.

Omnia praesumuntur contra spoliatorem.

Source: Broom, Max. 938; Best, Ev. §303

Where a party destroys or suppresses evidence, the law raises every presumption against him — he who silences the proof is presumed to fear its voice.