Conclusive presumption

Conclusive presumption
Presumption Pre*sump"tion (?; 215), n. [L. praesumptio: cf. F. pr['e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete proof. [1913 Webster]

2. Ground for presuming; evidence probable, but not conclusive; strong probability; reasonable supposition; as, the presumption is that an event has taken place. [1913 Webster]

3. That which is presumed or assumed; that which is supposed or believed to be real or true, on evidence that is probable but not conclusive. ``In contradiction to these very plausible presumptions.'' --De Quincey. [1913 Webster]

4. The act of venturing beyond due beyond due bounds; an overstepping of the bounds of reverence, respect, or courtesy; forward, overconfident, or arrogant opinion or conduct; presumptuousness; arrogance; effrontery. [1913 Webster]

Thy son I killed for his presumption. --Shak. [1913 Webster]

I had the presumption to dedicate to you a very unfinished piece. --Dryden. [1913 Webster]

{Conclusive presumption}. See under {Conclusive}.

{Presumption of fact} (Law), an argument of a fact from a fact; an inference as to the existence of one fact not certainly known, from the existence of some other fact known or proved, founded on a previous experience of their connection; supposition of the truth or real existence of something, without direct or positive proof of the fact, but grounded on circumstantial or probable evidence which entitles it to belief. --Burrill. --Best. --Wharton.

{Presumption of law} (Law), a postulate applied in advance to all cases of a particular class; e. g., the presumption of innocence and of regularity of records. Such a presumption is rebuttable or irrebuttable. [1913 Webster]


The Collaborative International Dictionary of English. 2000.

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Look at other dictionaries:

  • conclusive presumption — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Conclusive presumption — Conclusive Con*clu sive, a. [Cf. F. conclusif.] Belonging to a close or termination; decisive; convincing; putting an end to debate or question; leading to, or involving, a conclusion or decision. [1913 Webster] Secret reasons . . . equally… …   The Collaborative International Dictionary of English

  • Conclusive presumption — A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems. England and Wales In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence… …   Wikipedia

  • conclusive presumption — Exists when an ultimate fact is presumed to be true upon proof of another fact, and no evidence, no matter how persuasive, can rebut it; an example is the presumption that a child less than a specified age is unable to consent to sexual… …   Black's law dictionary

  • conclusive presumption — Exists when an ultimate fact is presumed to be true upon proof of another fact, and no evidence, no matter how persuasive, can rebut it; an example is the presumption that a child less than a specified age is unable to consent to sexual… …   Black's law dictionary

  • conclusive presumption — A presumption so peremptorily drawn from specific facts in evidence that the law will not permit it to be rebutted, Brandt v Morning Journal Asso. 81 App Div 183, 185, 80 NYS 1002; in effect, a rule of substantive law, to be applied by the court… …   Ballentine's law dictionary

  • conclusive presumption — noun A matter that deemed by law to be true, and therefore provides no opportunity for evidence to the contrary to be presented. See Also: conclusively presumed …   Wiktionary

  • conclusive presumption — supposition not given to refutation …   English contemporary dictionary

  • presumption — pre·sump·tion /pri zəmp shən/ n: an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption: a presumption that the law does not… …   Law dictionary

  • Presumption — Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete proof. [1913… …   The Collaborative International Dictionary of English

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