A legal inference that must be made in light of certain facts. Most presumptions are rebuttable, meaning that they are rejected if proven to be false or at least thrown into sufficient doubt by the evidence. Other presumptions are conclusive, meaning that they must be accepted to be true without any opportunity for rebuttal.
Presumption
The most famous rebuttable presumption is the presumption of innocence in criminal trials. Criminal defendants are presumed innocent unless they are proven guilty beyond a reasonable doubt. See Criminal Procedure.
Another example is the legal presumption that a child born to a married woman was fathered by her husband. This presumption may be disproven by DNA evidence, witness testimony, or other sources of admissible evidence.
Some presumptions are conclusive. For example, many states conclusively presume that a person under a certain age cannot consent to sexual intercourse.
