Praesumptio

EX EO QUOD PLERumque fit. Presumptions arise from what generally happens. 22 Wend. (N. Y.) 425, 475. PRAESUMPTIO FORTIOR (Lat.) A strong (literally, stronger) presumption (of fact). 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 is held for truth. Hub. Prael. J. C. lib. 22, tit. 3, note 16; Burrill, Circ. Ev. 66. PRAESUMPTIO HOMINIS (Lat.) The presumption of the man or individual; that is, natural presumption unfettered by strict rule. Heinec. ad Pand. par. 4, § 124. PRAESUMPTIO JURIS (Lat.)

In Roman law. A deduction from the existence of one fact as to the existence of another which admits of proof to the contrary. A rebuttable presumption. An intendment of law which PRAESUMPTIO JURIS ET DE JURE (Lat.)

In Roman law. A deduction drawn, by reason of some rule of law, from the existence of one fact as to the existence of another, so conclusively that no proof can be admitted to the contrary. A conclusive presumption.

I.

In old English law. Presumption Praesumptio juris: a presumption of law; the existence of a thing until its existence is presumption; — et de jure: a presumption presumption inferred by law from premises ble presumption; — plena probatio: a proof. Praesumptio probabilis: probable tio levis: light or slight presumption. lent or strong presumption; — plena probatio: is full proof; — valet in lege: strong law.

In the civil law. Presumption; a presumption. a strong (literally, stronger) presumption Hasty counsels are rarely- The king's prerogative. Pracscrlptio est capiens, ab aiictoritate substance from use and in court. Frsesentes tollit errorem noniinis, demonstrationis: the presence removes [or cures] error of removes [or cures] error of or render; to make or Prsestare tenetnr quodinsurer] is bound to make is better than cure. or giving; such as a law. Made oath, or took presumption should ba presumption should be in law. To take before; to is. Praesnmitur pro of legitimacy.; a presumption. a presumption in law of disproved; a rebuttable of law and from law; a of law; an irrebuttapresumption of law is full presumption. Praesump- Praesumptio violenta: viostrong presumption presumption is of weight in Praesumptio fortior: (of fact); a presumption the burden of proof. Frsosumptio homiuis: the presumption of the man or individual; natural presumption unfettered by strict rule.

In old English law. A taking before another; a species of intrusion.