Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

procedural presumption

Read a random definition: use immunity

A quick definition of procedural presumption:

A procedural presumption is when a court assumes that something is true based on other facts that have been proven. This can shift the burden of proof to the other party to try and prove otherwise. There are different types of presumptions, such as conclusive (which cannot be overcome by any evidence) and permissive (which can be accepted or rejected by the trier of fact).

A more thorough explanation:

A procedural presumption is a legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts. It is a rule of evidence that calls for a certain result in a given case unless the adversely affected party overcomes it with other evidence. This shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.

For example, in a criminal trial, the prosecution may have the procedural presumption that the defendant is innocent until proven guilty. This means that the burden of proof is on the prosecution to prove the defendant's guilt beyond a reasonable doubt. The defense can attempt to overcome this presumption by presenting evidence that raises doubt about the prosecution's case.

Another example is the heeding presumption in products liability cases. This is a rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one. If the manufacturer did not provide a warning label, the burden of proof is on them to show that the injured user would not have heeded the warning even if it had been provided.

procedural point | procedural right

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
Applesaucer
15:40
@esoterica: wassup shawty bae
15:40
@NosyBeagle: the current plan is privacy/cybersec law
we truly live in a society
NosyBeagle
15:41
@NemoPropheta: love to hear it. I am thinking about something in the corporate sphere and maybe pro bono immigration work on the side
15:41
damn UT GOON101
NosyBeagle
15:42
What's your major? Gooning with a Sex Engineering minor
15:42
Gooning with a concentration in Intox and a hypno minor
15:43
i majored in Instagram Reels
NosyBeagle
15:45
I miss IG. Had to leave all social media cus it was doing my head in
NosyBeagle
15:49
but i love brainrot so much
I majored in baddies
sadperson4324
15:57
do you guys ever feel tired of yourself
Applesaucer
15:58
sadperson u should change ur name
Applesaucer
15:58
u dont even seem that sad
15:58
idk they seem a little sad
yeah but then i realized that the self is only a construct and i can change my character at any time
15:58
fr omg
15:59
i am what i think that you think i am or whatever my social psych teacher said
Applesaucer
15:59
self fulfilling prophecy if u name urself sadperson
Applesaucer
15:59
then u gotta be sad all the time
sadperson4324
15:59
the magician is right
person4324
16:00
thank you
16:00
WOOOOOOOOOOOOOOOOOOOOOO
16:00
aweee what a good day this is
Applesaucer
16:00
WOOOOOOHOOOOOOOO
I’m out here healing ppl
fo pm miracle
16:29
fo p em
16:29
guys if I never chat again it is bc tornado got me
LSD+ is ad-free, with DMs, discounts, case briefs & more.