Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Artificial presumption.
See presumption of law under presumption
McClanahan presumption
The presumption that the states do not have jurisdiction to tax members of a Native American tribe who live or work on tribal land. ( The presumption is not limited to tribal members who live or work on a formal reservation. Instead, it includes those who live or work on informal reservations, in dependent tribal communities, and on tribal allotments. McClanahan v. Arizona Tax Comm'n, 411 U.S. 164, 93 S.Ct. 1257 (1973).
Morgan presumption
See MORGAN PRESUMPTION.
Presumption
A legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. ( Most presumptions are rules of evidence calling for a certain result in a given case unless the adversely affected party overcomes it with other evidence. A presumption shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption. See BURDEN of PRODUCTION. "A presumption may be defined to be an inference as to the existence of one fact from the existence of some other fact founded upon a previous experience of their connec- tion." William P. Richardson, The Law of Evidence ยง 53, at 25 (3d ed. 1928).
Resumption
1. The taking back of property previously given up or lost. 2. Hist. The retaking by the Crown or other authority of lands or rights previously given to another (as because of false suggestion or other error).
Shively presumption
The doctrine that any prestatehood grant of public property does not include tidelands unless the grant specifically indicates otherwise. Shively v. Bowlby, 152 U.S. 1, 14 S.Ct. 548 (1894); United States v. Holt State Bank, 270 U.S. 49, 46 S.Ct. 197 (1925). See EQUAL-FOOTING DOCTRINE.
Thayer presumption
A presumption that requires the party against whom the presumption operates to come forward with evidence to rebut the presumption, but that does not shift the burden of proof to that party. James B. Thayer, A Preliminary Treatise on Evidence 31-44 (1898). ( Most presumptions that arise in civil trials in federal court are interpreted in this way. Fed. R. Evid. 301. Cf. MORGAN PRESUMPTION.
absolute presumption
See conclusive presumption.
artificial presumption
See presumption of law.
conclusive presumption
A presumption that cannot be overcome by any additional evidence or argument <it is a conclusive presumption that a child under the age of seven is incapable of committing a felony>. - Also termed absolute presumption; irrebuttable presumption; mandatory presumption; presumption juris et de jure. Cf. rebuttable presumption. "'Conclusive presumptions' or 'irrebuttable presumptions' are usually mere fictions, to disguise a rule of substantive law (e.g., the conclusive presumption of malice from an unexcused defamation); and when they are not fictions, they are usually repudiated by modern courts." John H. Wigmore, A Students' Textbook of the Law of Evidence 454 (1935). "Conclusive presumptions, sometimes called irrebuttable presumptions of law, are really rules of law. Thus it is said that a child under the age of fourteen years is conclusively presumed to be incapable of committing rape. This is only another way of saying that such a child cannot be found guilty of rape." Richard Eggleston, Evidence, Proof and Probability 92 (1978).
conditional presumption
See rebuttable presumption.
conflicting presumption
One of two or more presumptions that would lead to opposite results. - Also termed inconsistent presumption. "'Conflicting presumptions' are simply two ordinary presumptions that would give opposite results; usually they are really successive presumptions. E.g., where A proves himself to be the son of N, wife of M, but M and N were already separated, and later M married P, and had a son B, the later marriage of M might presume a prior divorce from N before separation to make it valid, and yet the birth of A from a married mother might be presumed legitimate, and thus the question whether A or B was the legitimate son would be attended by opposing presumptions. But in this aspect the doctrine of presumptions is clouded with difficulties and leads to much vain speculation and logical unreahsm." John H. Wigmore, A Students' Textbook of the Law of Evidence 454 (1935).
disputable presumption
See rebuttable presumption.
factual presumption
See presumption of fact.
factual presumption.
See presumption of fact under PRESUMPTION.
heeding presumption
A rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one.inconsistent
heeding presumption.
See PRESUMPTION
inconsistent presumption
See conflicting presumption under PRESUMPTION. inconsistent statement See PRIOR INCONSISTENT STATEMENT.
irrebuttable presumption
See conclusive presumption.
legal presumption
See presumption of law under PRESUMPTION.
mandatory presumption
See conclusive presumption.
mixed presumption
A presumption containing elements of both law and fact.
natural presumption
A deduction of one fact from another, based on common experience.
permissive presumption
See PRES1 MPTioN.
presumption
See conflicting presumption.
presumption juris et de jure
See conclusive presumption.
presumption of death
A presumption that arises on the unexpected disappearance and continued absence of a person for an extended period, commonly seven years. presumption of fact See PRESUMPTION.
presumption of fact
A type of rebuttable presumption that may be, but as a matter of law need not be, drawn from another established fact or group of facts <the possessor of recently stolen goods is, by presumption of fact, considered the thief>. - Also termed factual presumption.
presumption of general application
See PRESUMPTION.
presumption of innocence
The fundamental criminal-law principle that a person may not be convicted of a crime unless the government proves guilt beyond a reasonable doubt, without any burden placed on the accused to prove innocence.
presumption of intent
A permissive presumption that a criminal defendant who intended to commit an act did so.
presumption of law
A legal assumption that a court is required to make if certain facts are established and no contradictory evi-dence is produced <by presumption of law, a criminal defendant is considered innocent until proven guilty beyond a reasonable doubt>. - Also termed legal presumption; artificial presumption; praesumptio juris.
presumption of legitimacy
The presumption that the husband of a woman who gives birth is the father of the child.
presumption of natural and probable consequences
Criminal law. The presumption that mens rea may be derived from proof of the defendant's conduct.
presumption of survivorship
The presumption that one of two or more victims of a common disaster survived the others, based on the supposed survivor's youth, good health, or other reason rendering survivorship likely.
presumption of validity
Patents. The assumption that the holder of a patent is entitled to a statutory presumption of validity.
presumption-of-fertility rule
See FERTILE-OCTOGENARIAN RULE.
presumption-of-identity rule
The commonlaw rule that unless there is a specific, applicable statute in another state, a court will presume that the common law has developed elsewhere identically with how it has developed in the court's own state, so that the court may apply its own state's law. ( Today this rule applies primarily in Georgia. See Shorewood Packaging Corp. u. Commercial Union Ins., 865 F. Supp. 1577 (N.D. Ga. 1994).
prima facie presumption
See rebuttable presumption under PRESUMPTION.
procedural presumption
A presumption that may be rebutted by credible evidence.
rebuttable presumption
An inference drawn from certain facts that establish a prima facie case, which may be overcome by the introduction of contrary evidence. - Also termed prima facie presumption; disputable presumption; conditional presumption; presumptio juris. Cf. conclusive presumption.
statutory presumption
A rebuttable or conclusive presumption that is created by statute. Thayer presumption. See THAYER PRESUMPTION.