Also known as: rebuttable presumptions
Written by attorneys · grounded in primary & secondary sources — see below
A presumption that shifts the burden of production or persuasion to the opposing party but yields upon the introduction of contrary evidence sufficient to meet the applicable standard.
Select any source to read its text and confirm it supports the definition.
Rita Russell, a U.S. citizen detained at a domestic military facility, faces an internal panel that relies on hearsay summaries and places the burden on her to disprove enemy-combatant status. She presents live testimony and documents showing she had no contact with the alleged group. The panel credits her evidence and orders her release because the presumption favoring the government has been overcome.
Roberto Reyes signs a document reciting that it is his last will and leaves his estate to his girlfriend. After his death his daughter introduces voicemails in which he states the document was created only to pressure a business associate. The court finds the extrinsic evidence sufficient to rebut the presumption of testamentary intent and refuses probate.
Rina Rahman joins Ridgeway Partners after previously representing a client adverse to one of the firm's current matters. The firm implements an ethical wall that prevents her access to files and excludes her from fee sharing. The court accepts the evidence as rebutting the presumption of shared confidences and denies disqualification.
Ronald Reed is charged with murder and offers evidence of long-term mental illness. The prosecution rests on the initial presumption of sanity. Reed's expert testimony and hospital records persuade the jury that he lacked capacity, overcoming the presumption and resulting in an acquittal by reason of insanity.
Ryan Roberts, an African-American applicant, shows that Reliance Insurance systematically rejected minority candidates for entry-level positions. The statistical evidence creates a presumption of discriminatory motive. The company fails to articulate a legitimate nondiscriminatory reason for the pattern, so the presumption stands and liability is established.
Renee Rogers is sentenced to death in a jurisdiction where a comprehensive study shows race influences capital outcomes. She offers the study to rebut the presumption that the sentencing process is free of improper bias. The court finds the statistical evidence insufficient to overcome the presumption and upholds the sentence.
A rebuttable presumption yields when contrary evidence is introduced that meets the applicable burden, whereas a conclusive presumption cannot be overcome by any evidence. Primary authorities illustrate that rebuttable presumptions merely shift burdens temporarily and permit rebuttal through proof such as extrinsic evidence or screening measures.
Extrinsic evidence showing the document served a collateral non-testamentary purpose overcomes the presumption. Courts admit voicemails or other proof that the instrument was never intended to operate as a will.
…shares on a securities exchange after the issuance of a materially misleading statement by the corporation may invoke a rebuttable presumption that, in trading, he relied on the integrity of the price set by the market. I Prior to December 20, 1978, Basic Incorporated was a publicly traded company primarily engaged in the…
…performed, that reveals that race more likely than not infects capital sentencing decisions. The Court's position converts a rebuttable presumption into a virtually conclusive one. The Court also declines to find McCleskey's evidence sufficient in view of "the safeguards designed to minimize racial bias in the [capital sentencing]…
…of public policy forbids to be overthrown or impaired by opposing proof. It is a disputable or, as it is often designated, a rebuttable presumption resulting from the connection ordinarily existing between certain facts — such connection not being "so intimate, nor so nearly universal, as to render it expedient that it should be…
…a spouse has established and maintained a residence in a parish of this state for a period of twelve months, there shall be a rebuttable presumption that he has a domicile in this state in the parish of such residence." Wash. Laws 1973, 1st Ex. Sess., c. 157. Among the other 48 States, the durational residency requirements are of many…
…was a discriminatory one. [^maj-45]: The holding in Franks that proof of a discriminatory pattern and practice creates a rebuttable presumption
The presumption arises when the lawyer previously represented a client in a substantially related matter. The new firm may rebut it by proving timely and effective screening that prevents any involvement or fee sharing.
Due process permits relaxed evidentiary rules and government-favorable rebuttable presumptions, yet the government must still afford a meaningful opportunity before a neutral decisionmaker to contest the factual basis for detention.
Statistical evidence of a discriminatory pattern creates a presumption that shifts the burden to the employer to articulate a legitimate nondiscriminatory reason. Failure to do so leaves the presumption unrebutted and supports liability.