Præsumptio

Lat. Presumption; a presumption. Also intrusion or the unlawful taking of anything.

— Præsumptio fortior. A strong presumption ; a presumption of fact entitled to great weight. One which determines the tribunal in its belief of an alleged fact, without, however, excluding the belief of the possibility of its being otherwise; the effect of which is to shift the burden of proof to the opposite party, and, if this proof be not made, the presumption la held for truth. Hub. Prœl. J. C. lib. 22, tit. 3, n. 16; Burrill, Circ. Ev. 66.

— Præsumptio hominis. The presumption of the man or individual ; that is, natural presumption unfettered by strict rule.

— Præsumptio juris. A legal presumption or presumption of law ; that is, one in which the law assumes the existence or something until it is disproved by evidence; a conditional, inconclusive, or rebuttable presumption. Best, Ev. § 43.

— Præsumptio juris et de jnre. A presumption of law and of right; a presumption which the law will not suffer to be contradicted; a conclusive or irrebuttable presumption.

— Præsumptio mu-ciaua. In Roman law. A presumption of law that property in the hands of a wife came to her as a girt from her husband and was not acquired from other sources; available only la doubtful cases and until the contrary is shown. See Mackeld. Rom. Law, § 560.