Also known as:rebuttable presumption rules · rebuttable presumption
Written by attorneys · grounded in primary & secondary sources — see below
A rule of evidence under which proof of a predicate fact triggers a presumed conclusion. The opposing party bears the burden of producing evidence sufficient to rebut the presumed fact. Once rebutted, the presumption drops out and the factfinder weighs all evidence on the ultimate issue without any shift in the burden of persuasion.
Sources & Authorities
How it applies
Common Examples
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Sham Will Executed for Leverage
Raymond Ramos signed a document reciting that it was his last will and left his estate to his girlfriend. After his death his daughter offered voicemails showing he executed the document only to pressure a business associate during an investigation and never intended it to operate as a will. The court admitted the extrinsic evidence to rebut the presumption of testamentary intent arising from the document's face and recitals, rendering the instrument ineffective as a will.
Lateral Lawyer Conflict Screening
Roger Ramirez left Regal Apparel's outside counsel and joined a new firm representing Reliance Insurance in a substantially related matter. Regal moved to disqualify the new firm. The court applied a rebuttable presumption that Ramirez possessed confidential information from his prior representation. The new firm avoided disqualification only after demonstrating timely, effective screens that prevented Ramirez from any involvement or fee participation.
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Warranty Reliance Despite Doubt
Investors purchased stock in an efficient public market after a company made a material public misstatement. When sued for securities fraud the company sought to negate reliance. The court applied a rebuttable presumption that the investors relied on the integrity of the market price reflecting all public information, allowing plaintiffs to proceed unless the company rebutted the presumption with evidence the misstatement did not affect price.
Common questions
Frequently Asked
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Does a rebuttable presumption shift the ultimate burden of persuasion?+
No. It shifts only the burden of production. Once the opposing party introduces evidence permitting a finding that the presumed fact is untrue, the presumption drops out and the original party retains the burden of persuasion on the ultimate issue.
When does a disposition using a group label presumptively create a class gift?+
A disposition presumptively creates a class gift when its terms identify the beneficiaries only by a term of relationship or other group label. The presumption is not easily rebutted because of the flexibility a class gift provides compared with a gift to individuals whose shares and identities are fixed.
How does the rebuttable presumption of testamentary intent operate when a document recites that it is a will?+
The recital creates only a presumption of intent to make a testamentary disposition. Extrinsic evidence is admissible to show the document was executed for a collateral purpose, and if that evidence is credited the instrument is denied effect as a will.
What must a law firm show to rebut the presumption of shared confidences after a lateral hire?+
The firm must demonstrate that effective, timely screens were implemented to prevent the migrating lawyer from any involvement in the matter and from sharing in fees derived from it.
893 F.2d 541 (3d Cir. 1990), aff'd in part and rev'd in part, 505 U.S. 504 (1992)Torts
…their knowledge and reliance, may be expected to change...." (emphasis added)). We emphasize that we are not adopting Liggett's rebuttable presumption of reliance theory. Reliance only comes into play if, after the defendant has proved non-belief, the plaintiff then tries to prove reliance despite non-belief. The burden is on the…
Family LawSeparation, divorce, dissolution, and annulment · Division of propertyUBEIntermediate