presumption
41presumption of fact — law : a presumption founded on a previous experience or general knowledge of connection between a known fact and one inferred from it called also logical presumption * * * Law. a presumption based on experience or knowledge of the relationship… …
42presumption of death — The presumption that the death of a certain person has occurred, where his survival to the pertinent date is contrary to the ordinary course of nature, or opposed to the common experience of mankind. Young v Shulenberg, 165 NY 385, 59 NE 135. A… …
43presumption of innocence — The presumption in a criminal prosecution that the accused is innocent until he is proved guilty, a presumption which places upon the state the burden of proof of guilt and, according to some authority, is of evidentiary value in favor of the… …
44presumption of marriage — The very strong presumption that a marriage, once shown, is legal and valid. 35 Am J1st Mar § 192. The presumption, where legitimacy is in issue, that the relations between a man and woman who produced offspring were lawful rather than… …
45presumption of payment — The presumption that a transfer of money or property by a debtor to the creditor is a payment of the debt rather than a gratuity. 40 Am J1st Paym § 238. The presumption that a debt evidenced by a writing has been paid where such written evidence… …
46presumption of sanity — The presumption, holding until satisfactory proof to the contrary is presented, that a man is sane, capable of managing his own affairs, competent to enter into contracts, and capable of understanding the nature and effect of his own acts. 29 Am… …
47presumption juris et de jure — A presumption of law and from law; that is, a conclusive presumption …
48presumption of access — The presumption of sexual intercourse between husband and wife having opportunity for intercourse. The presumption of access between husband and wife for sexual relations which prevails until the contrary is plainly proved. 10 Am J2d Bast § 12 …
49presumption of legitimacy — The presumption that a child born in wedlock is legitimate. 10 Am J2d Bast § 11. The presumption that a child was born in lawful wedlock, such prevailing, in the absence of proof to the contrary, upon the broad principles of natural justice and… …
50presumption of paternity — The presumption that a child born in wedlock is the child of the husband, except as it be proved that the husband did not have access to the wife. 10 Am J2d Bast § 12. See presumption of access …
