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PRETEXTS Definition & Legal Meaning

Definition & Citations:

of some other fact; inferences which common sense draws from circumstances usually occurring in such cases. 1 Phil. Ev. 430. 1’resumptions are divided into prwsumptiones juris et de jure, otherwise called “irrebuttable presumptions,” (often, but not necessarily, fictitious,) which the law will not suffer to be rebutted by any counter-evidence; as, that an infant under seven years is not responsible for his actions; prwsumptiones juris tantum, which hold good in the absence of counter-evidence, but. against which counter-evidence may be admitted; aud prwsumptiones hominis, which are not necessarily conclusive, though no proof to the contrary be adduced. Mozley & Whitley. There are also certain mixed presumptions, or presumptions of fact recognized by law, or presumptions of mixed law and fact. These are certain presumptive inferences, which, from their strength, importance, or frequent occurrence, attract, as it were, the observation of the law. The presumption of a “lost grant” falls within this class. Rest, Ev. 430. See Dickson v. Wilkinson, 3 How. 57, 11 L. Ed. 491. Presumptions of law are divided into conclusive presumptions and disputable presumptions. A conclusive presumption is a rule of law determining the quantity of evidence requisite for the support of a particular averment which is not permitted to be overcome by any proof that the fact is otherwise. 1 Greenl. Ev. ji 15; U. S. v. Clark. 5 Utah, 220, 14 Pac. 2SS; Brandt v. Morning Journal Ass’n, SI App. Div. IS”. SO X. Y. Supp. 111(12. These are also called “absolute” and “irrebuttable” presumptions. A disputable presumption is an inference of law which holds good until it is invalidated by proof or a stronger presumption. A natural presumption is that species of presumption, or process of probable reasoning, which is exercised by persons of ordinary intelligence, iu inferring one fact from another, without reference to any technical rules. Otherwise called “prcesumptio hominis.” Burrill, Circ. Ev. 11, 12, 22. 24. Legitimate presumptions have been denominated “violent” or “probable,” according to the amount of weight which attaches to them. Such presumptions as are drawn from inadequate grounds are termed “light” or “rash” presumptions. Brown.


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