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Overview

presumption

Subject: Law

N. A supposition that the law allows or requires to be made. Some presumptions relate to people, e.g. the presumption of innocence and of sanity (see entries below). Others ...

presumption

presumption   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
141 words

... n. A supposition that the law allows or requires to be made. Some presumptions relate to people, e.g. the presumption of innocence and of sanity (see entries below). Others concern events, e.g. the presumption of legality ( omnia praesumuntur rite et solemniter esse acta : all things are presumed to have been done correctly and solemnly). Most relate to the interpretation of written documents, particularly statutes. Almost every presumption is a rebuttable presumption , i.e. it holds good only in the absence of contrary evidence. Thus, the...

presumption

presumption   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
139 words

... A supposition that the law allows or requires to be made. Some presumptions relate to people, e.g. the presumption of innocence and presumption of sanity . Others concern events, e.g. the presumption of legality ( omnia praesumuntur rite et solemniter esse acta : all things are presumed to have been done correctly and solemnly). Most relate to the interpretation of written documents , particularly statutes. Almost every presumption is a rebuttable presumption , i.e. it holds good only in the absence of contrary evidence. Thus, the presumption of...

presumption

presumption   Reference library

Nicholas Rescher

The Oxford Companion to Philosophy (2 ed.)

Reference type:
Subject Reference
Current Version:
2005
Subject:
Philosophy
Length:
338 words

...its undoing. A specific presumption is always grounded in a principle of presumption. Such principles operate in various domains. For example, a cognitive presumption operates in favour of the data of sight (‘Accept what you see to be so’). In communicative contexts we have a presumption to the effect that people are truthful (‘Accept what your interlocutors maintain’); in everyday enquiry we have the presumption that our sources are reliable (‘Accept what encyclopedias and authorities maintain’); in science we have the presumption of evidential sufficiency...

presumption

presumption   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
601 words

...a presumption of due execution when granting probate of a will; the presumption of innocence that accompanies the right to a fair trial in criminal law; the presumption of regularity in official acts; the presumption of legitimacy of a child; the presumption of lost modern grant in prescriptive easements; the presumption of revocation of a lost will (but see Cahill v Rhodes [ 2002 ] NSWSC 561); the presumption of survivorship of a younger person over an older where it is uncertain which of them survived (e.g. under the Presumption of...

Stratonician presumption

Stratonician presumption   Quick reference

A Dictionary of Philosophy (3 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
Philosophy
Length:
38 words

...presumption The presumption voiced by Strato of Lampsacus that the burden of proof lies not on the atheist, but on those who want to maintain the existence of a deity with some particular cluster of...

communicative presumption

communicative presumption   Quick reference

A Dictionary of Media and Communication (3 ed.)

Reference type:
Subject Reference
Current Version:
2020
Subject:
Media studies
Length:
73 words

...presumption According to speech act theorists, a basic and universal assumption that underlying any speech act is an intention—at the very least an intention to communicate but also a particular communicative purpose recognizable in the context of use ( compare preferred reading ). However, note that unintentional communication is possible: e.g. through nonverbal leakage . See also contextual expectations ; cooperative principle ; expectations ; inevitability of communication ; inferential model ; taken-for-grantedness . ...

presumption of innocence

presumption of innocence   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
56 words

... of innocence The legal presumption that every person charged with a criminal offence is innocent until proved guilty. Although this is termed a “presumption” it is in fact a fundamental principle underlying the criminal law, which has been reinforced by the Human Rights Act 1998 ( see fair trial ). See also burden of proof...

presumption of innocence

presumption of innocence   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
55 words

... of innocence The legal presumption that every person charged with a criminal offence is innocent until proved guilty. Although this is termed a ‘presumption’ it is in fact a fundamental principle underlying the criminal law, which has been reinforced by the Human Rights Act 1998 ( see fair trial ). See burden of proof...

presumption of sanity

presumption of sanity   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
34 words

... of sanity The legal presumption that every person charged with a criminal offence was sane (and therefore responsible in law) at the time he is alleged to have committed the crime. See insanity...

presumption of sanity

presumption of sanity   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
35 words

... of sanity The legal presumption that every person charged with a criminal offence was sane (and therefore responsible in law) at the time he is alleged to have committed the crime. See insanity...

presumption of death

presumption of death   Quick reference

A Dictionary of Law Enforcement (2 ed.)

Reference type:
Subject Reference
Current Version:
2015
Subject:
Law
Length:
91 words

... of death A common law presumption that someone has died. The presumption will be made if a spouse has been missing for at least seven years (with nothing to indicate that he or she is still alive) or by proof of other reasonable grounds (e.g. that the spouse was on a ship that sank). The courts are empowered to grant a decree of presumption of death and dissolution of marriage , enabling the other spouse to remarry; the remarriage will be valid even if the first spouse later...

presumption of death

presumption of death   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
85 words

... of death An originally common-law presumption that someone has died, now contained in the Presumption of Death Act 2013. On an application under the Act by a sufficiently interested person, a court must make a declaration of presumed death if it is satisfied that a person is thought to have died, or for at least seven years has not been known to be alive. Such a declaration under the Act will inter alia bring the relevant person’s marriage or civil partnership to an...

Presumption of constitutionality

Presumption of constitutionality   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
578 words

...more than a principle or mechanism for ‘reading down’ a statute so as not to exceed power. Isaacs in FCT v Munro ( 1926 ) referred to ‘an initial presumption that Parliament did not intend to pass beyond constitutional bounds. If the language of a statute is not so intractable as to be incapable of being consistent with the presumption, the presumption should prevail’. The effect of the presumption is weakened by the fact that Parliament rarely articulates its reasons for thinking that a particular legislative measure is a reasonable means for...

presumption of innocence

presumption of innocence   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
110 words

...presumption of innocence The starting point, in criminal trials in common law countries, that an accused is innocent until proved guilty beyond reasonable doubt. It is not for the defendant to prove innocence; the prosecution must be put to its proof . The presumption is a central feature of civil rights, along with the right not to be detained without trial ( see habeas corpus ). It is Rumpole’s ‘ golden thread ’. The presumption is prejudiced by anti-terrorist legislation that permits extended periods of detention without charge, under conditions of...

presumption of negligence

presumption of negligence   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
134 words

...presumption of negligence In a case of self-evident negligence the plaintiff may put a plea of res ipsa loquitur (the thing speaks for itself) to the court, which the court, at its discretion, may accept, relieving the plaintiff of proving the negligent acts or omissions of the defendant. The prerequisites are that the defendant has means of knowledge denied to the plaintiff, has control over the ‘vehicle of mischief’, and that the damage is such that it would not have arisen had the defendant taken due care: Byrne v Boadle [ 1863 ] 2 H & C 722. Should...

presumption of due execution

presumption of due execution   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
52 words

... of due execution If on the face of it a will appears to be duly executed, a court will not inquire further into the circumstances of its execution, but will presume that all formalities were properly observed, unless there is positive and reliable evidence to the contrary. See execution of will...

section 1(2A) presumption

section 1(2A) presumption   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
67 words

...1(2A) presumption ( presumption of parental involvement ) A presumption introduced by the Children and Families Act 2014 (inserting Children Act 1989 s 1(2A)) that the involvement of each parent in the life of the child will further the child’s welfare. This presumption only applies where the child will not be at risk of suffering harm. See also child arrangements order ; section 8 orders ; welfare principle...

presumption

presumption n   Reference library

The Oxford Dictionary of Original Shakespearean Pronunciation

Reference type:
Subject Reference
Current Version:
2016

...presumption n m prɪ'zɤmpsɪǝn, -sɪˌɒn sp presumption 6 ...

presumption

presumption   Quick reference

New Oxford Rhyming Dictionary (2 ed.)

Reference type:
Subject Reference
Current Version:
2013
Subject:
Language reference
Length:
504 words

... • ashen , fashion, passion, ration • abstraction , action, attraction, benefaction, compaction, contraction, counteraction, diffraction, enaction, exaction, extraction, faction, fraction, interaction, liquefaction, malefaction, petrifaction, proaction, protraction, putrefaction, redaction, retroaction, satisfaction, stupefaction, subtraction, traction, transaction, tumefaction, vitrifaction • expansion , mansion, scansion, stanchion • sanction • caption , contraption • harshen , Martian • cession , discretion, freshen, session • ...

presumption

presumption n   Reference library

Oxford Business French Dictionary: English-French

Reference type:
Bilingual Dictionary
Current Version:
2003
Subject:
Bilingual dictionaries
Length:
4 words

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