Also known as: rebuttable presumption
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device that arises upon proof of designated facts and shifts the burden of production or persuasion to the opposing party. The presumption yields when the opposing party introduces evidence sufficient to support a contrary finding.
Regina Robinson, a U.S. citizen seized inside the country and held as an enemy combatant, receives only an internal military panel that relies on summaries and bars her from presenting witnesses. She petitions for habeas relief. The panel must afford her a meaningful chance to contest the factual basis for detention, even though the government may employ relaxed evidentiary rules and favorable rebuttable presumptions tailored to military needs.
Ruby Rivera signs a document reciting that it is her last will and testament, leaving her estate to Roberto Reyes. After her death, her granddaughter presents voicemails showing Rivera executed the paper solely to pressure Reyes during a compliance investigation and never intended it to operate as a will. The recitals create only a rebuttable presumption of testamentary intent that the extrinsic evidence overcomes.
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Rosalind Reed joins Regal Apparel after previously representing a client in a substantially related matter at her former firm. The new firm assigns her to the same litigation without any screening measures. The prior representation triggers a rebuttable presumption that she received confidential information. The firm cannot rebut the presumption and faces disqualification.
Ryan Roberts challenges his death sentence by introducing statewide data showing racial disparities in capital cases. The state relies on the presumption that each sentencing decision rests on individualized factors. The data alone does not rebut that presumption without proof that race operated in Roberts's own proceeding.
Rebecca Ross pleads insanity after shooting a neighbor. The prosecution introduces no affirmative evidence of her mental state at the time of the act. The common-law presumption of sanity places the burden on Ross to produce evidence sufficient to raise a reasonable doubt. The presumption stands until she meets that threshold.
Radiant Technologies challenges Vermont's strict contribution caps as violating the First Amendment. The state defends the caps by invoking a presumption that large contributions create actual or apparent corruption. The company must introduce evidence showing the limits are not narrowly tailored to that interest.
A rebuttable presumption shifts the burden of production or persuasion to the party opposing the presumed fact. The opposing party must then introduce evidence sufficient to support a contrary finding or the presumption controls the issue.
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A rebuttable presumption yields when contrary evidence is introduced. A conclusive presumption cannot be overcome by any amount of evidence and operates as a rule of substantive law.
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Yes, but they remain subject to constitutional limits. Statutory or common-law presumptions that aid the prosecution must still respect the requirement that the government prove every element beyond a reasonable doubt.
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Extrinsic evidence showing the document was executed for a collateral purpose, such as inducing a third party to take a particular action, overcomes the presumption arising from standard will recitals.
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The firm must demonstrate that effective, timely screening measures were implemented to prevent the migrating lawyer from any involvement in the matter and from sharing in related fees.
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…performed, that reveals that race more likely than not infects capital sentencing decisions. The Court's position converts a rebuttable presumption into a virtually conclusive one. The Court also declines to find McCleskey's evidence sufficient in view of "the safeguards designed to minimize racial bias in the [capital sentencing]…