Written by attorneys · grounded in primary & secondary sources — see below
A presumption or rule of construction that may be overcome by evidence establishing a contrary fact or intention.
Sources & Authorities
How it applies
Common Examples
6
Detainee Challenges Combatant Status
Ravi Reddy, a U.S. citizen detained at a military base inside the United States, receives only classified briefings shared with legislators. He petitions for an individual hearing before a neutral decisionmaker to present evidence that he never engaged in hostilities. The government invokes a favorable presumption that his capture abroad establishes enemy-combatant status, but the court treats the presumption as rebuttable and orders a meaningful opportunity for Reddy to contest the factual basis.
Predeceasing Devisee Leaves Descendants
Roger Ramirez's will devises $50,000 to his niece who predeceases him, survived by two children. The antilapse statute supplies a substitute gift to those children. The residuary beneficiary offers extrinsic evidence that Ramirez intended the gift to lapse if the niece did not survive. The court treats the antilapse rule as rebuttable and admits the evidence to determine whether the statutory substitute applies.
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Cases
Uniform Acts
Common Law
Restatements
Casebooks
Course Outlines
Document Labeled Last Will
Rita Russell executes a formal document titled 'Last Will and Testament' that recites standard testamentary language. After her death, her estranged son offers testimony that the document was signed only to induce a romantic partner to move in with her. The court admits the extrinsic evidence because the recitals raise only a rebuttable presumption of testamentary intent.
Lateral Lawyer Screening
Rosa Ruiz joins a new firm after previously representing a client in a substantially related matter at her former firm. The former client moves to disqualify the new firm. The new firm demonstrates that it erected timely ethical screens preventing Ruiz from any involvement or fee sharing. The court treats the presumption of shared confidences as rebuttable and denies disqualification.
Sanity Presumption in Criminal Trial
Rebecca Ross is charged with murder. The prosecution introduces evidence of the killing and relies on the presumption that every person is sane. Ross offers psychiatric testimony that she suffered from a mental disease at the time of the act. The court instructs the jury that the presumption of sanity is rebuttable and may be overcome by the defense evidence.
Classwide Discrimination Inference
Regina Robinson and other female employees sue Wal-Mart alleging a pattern of gender discrimination in pay and promotion decisions. They present statistical evidence of disparities. The court recognizes a rebuttable inference that the pattern affected all class members and allows the employer to introduce evidence that individual decisions were made for nondiscriminatory reasons.
Common questions
Frequently Asked
5
What does it mean for a presumption to be rebuttable?+
A rebuttable presumption shifts the burden of producing evidence to the opposing party but does not shift the ultimate burden of persuasion. The presumption disappears once contrary evidence is introduced, leaving the trier of fact free to decide the issue on the full record.
Supporting sources
How does a rebuttable presumption differ from a conclusive presumption?+
A conclusive presumption cannot be overcome by any evidence, no matter how strong. A rebuttable presumption yields when the opposing party introduces evidence sufficient to support a finding of the nonexistence of the presumed fact.
Supporting sources
Can a rebuttable presumption arise from a will's formal recitals?+
Yes. A document that appears on its face to be a will and contains standard testamentary language raises only a rebuttable presumption of testamentary intent. Extrinsic evidence may rebut the presumption by showing the document served a collateral purpose.
Supporting sources
Does an antilapse statute create a rebuttable or irrebuttable rule?+
An antilapse statute supplies a rebuttable rule of construction. Evidence that the testator intended the gift to lapse if the devisee predeceased may overcome the statutory substitute gift to the devisee's descendants.
Supporting sources
What must a law firm show to rebut the presumption of shared confidences after a lateral hire?+
The new firm must demonstrate that it implemented effective, timely screening measures that prevent the migrating lawyer from any involvement in the matter and from sharing in fees derived from it.
Supporting sources
545 U.S. 469, 503 (2005)Property
…be private transfers in which the risk of undetected impermissible favoritism of private parties is so acute that a presumption (rebuttable or otherwise) of invalidity is warranted under the Public Use Clause. Cf. Eastern Enterprises v. Apfel , 524 U. S. 498, 549-550 (1998) (Kennedy, J., concurring in judgment and dissenting…