Also known as: presume · presumes · presumed · presuming · presumptions · presumptive · rebuttable presumption · presumption of innocence
Written by attorneys · grounded in primary & secondary sources — see below
A rule of law that permits a court to assume a fact is true until contrary evidence is introduced. The basic fact triggers the presumed fact unless rebutted. The presumption affects the burden of production but does not shift the ultimate burden of persuasion.
Pamela Phillips wrote a letter to her husband detailing business dealings. Prosecutors subpoena the letter in a fraud case. The court treats the letter as confidential and requires the government to overcome the confidentiality presumption before compelling disclosure.
Pablo Perez buys a vacation home during marriage using joint savings. His spouse claims the home is separate property acquired before the marriage. The court presumes the home is marital property and places the burden on Pablo to prove otherwise.
Select any source to read its text and confirm it supports the definition.
Phuong Pham uses partnership funds to buy equipment for Precision Tools. Title is taken in her individual name without partnership notation. The court presumes the equipment belongs to the partnership despite the titling.
Priya Prasad sues for breach of contract. She establishes that Peak Performance received notice of the claim. The court requires Peak Performance to produce evidence rebutting the presumption of receipt. The burden of persuasion remains with Priya.
Perry Pratt is married to the child's mother when the child is born. A genetic test later indicates another man may be the father. The court holds that the parentage presumption may be overcome only through formal adjudication or a valid denial.
Pierce Patterson circulates a credit report about Platinum Partners' finances to a handful of subscribers. The report contains false statements on a private matter. The court permits recovery of presumed damages without proof of actual malice.
No. A presumption affects only the burden of production. The party against whom the presumption is directed must produce evidence to rebut it. The burden of persuasion remains on the party who originally bore it.
A presumption of parentage may be overcome only by an adjudication under the applicable article or a valid denial of parentage. Competing claims are resolved through that formal process rather than by informal agreement.
Presumed damages are available without a showing of actual malice when the defamatory statements concern private matters rather than issues of public concern. The First Amendment restrictions on presumed damages apply only to speech on public issues.
Property purchased with partnership assets is presumed to be partnership property even if title is not taken in the partnership name or with partner-capacity notation. The use of partnership funds supplies the basic fact for the presumption.
…to the people.[^maj-6] While this Court has had little occasion to interpret the Ninth Amendment,[^maj-7] "[i]t cannot be presumed that any clause in the constitution is intended to be without effect." Marbury v. Madison , 1 Cranch 137, 174. In interpreting the Constitution, "real effect should be given to all the…