Section 2.1 Introduction

• Library: Sources of Proof (2014 Ed.)

“One ventures the assertion that ‘presumption’ is the slipperiest member of the family of legal terms, except its first cousin, ‘burden of proof.’” 2 MCCORMICK ON EVIDENCE § 342, p. 675 (Kenneth S. Broun ed., 7^th ed. 2013). This analysis, albeit somewhat cynical, is nonetheless accurate. Attorneys, judges, and academics have wrestled with the concept of “presumption” for countless decades, with varying results. Although difficult to define, and equally challenging to apply in a given case, a presumption can be an extremely important source of proof for the trial advocate.

As suggested by the above quotation, the concept of a presumption is linked to, and in many ways is a function of, the...