A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to

existence of presumed fact, until presumption is rebutted. A legal device which operates in the absence
of other proof to require that certain inferences be drawn from the available evidence.

There are, in law, two different and directly opposite kinds of presumptions: a conclusive presumption
and a rebuttable presumption.

A conclusive presumption is one for which proof is available to render some fact so "conclusive", it
cannot be rebutted. To "rebut" a fact is to expose it as false, to disprove it. Thus, a "rebuttable fact" is
one which can be disproven and exposed as false. In other words, a rebuttable fact is a lawyer's way of
describing a fact that is not a fact. (1984 was a long time ago; the book is even older than that.)

The opposite kind of presumption is a rebuttable presumption. A rebuttable presumption is a one that
can be overturned or disproven by showing sufficient proof.

PRESUMPTION

A fact assumed to be true under the law is called a presumption. For example, a criminal defendant is
presumed to be innocent until the prosecuting attorney proves beyond a reasonable doubt that she is
guilty. Presumptions are used to relieve a party from having to actually prove the truth of the fact being
presumed. Once a presumption is relied on by one party, however, the other party is normally allowed
to offer evidence to disprove (rebut) the presumption. The presumption is known as a rebuttable
presumption. In essence, then, what a presumption really does is place the obligation of presenting
evidence concerning a particular fact on a particular party.

An inference as to the existence of one fact, from the existence of some other fact, founded on a
previous experience of their connexion. Or it, is an opinion, which circumstances, give rise to, relative to
a matter of fact, which they are supposed to attend.

To constitute such a presumption, a previous experience of the connection between the known and
inferred facts is essential, of such a nature that as soon as the existence of the one is established,
admitted or assumed, an inference as to the existence of the other arises, independently of any
reasoning upon the subject. It follows that an inference may be certain or not certain, but merely,
probable, and therefore capable of being rebutted by contrary proof.In general a presumption is more
or less strong according as the fact presumed is a necessary, usual or infrequent consequence of the fact
or facts seen, known, or proven. When the fact inferred is the necessary consequence of the fact or facts
known, the presumption amounts to a proof when it is the usual, but not invariable consequence, the
presumption is weak; but when it is sometimes, although rarely,the consequence of the fact or facts
known, the presumption is of no weight.

Legal presumptions are of two kinds: first, such as are made by the law itself, or presumptions of mere
law; secondly, such as are to be made by a jury, or presumptions of law and fact.

Presumptions of mere law, are either absolute and conclusive; as, for instance, the presumption of law
that a bond or other specialty was executed upon a good consideration, cannot be rebutted by
evidence, so long as the instrument is not impeached for fraud or they are not absolute, and may be
rebutted evidence; for example, the law presumes that a bill of exchange was accepted on a good
consideration, but that presumption may be rebutted by proof to the contrary.
Presumptions of law and fact are such artificial presumptions as are recognized aud warranted by the
law as the pro er inferences to be made by juries under particular circumstances; for instance, au
unqualified refusal to deliver up the goods on demand made by the owner, does not fall within any
definition of a conversion, but inasmuch as the detention is attended with all the evils of a conversion to
the owner, the law makes it, in its effects and consequences, equivalent to a conversion, by directing or
advising the jury to infer a conversion from the facts of demand and refusal.