Section 2.4 Rebuttable” and “Irrebuttable” Presumptions

• Library: Sources of Proof (2014 Ed.)

C. (§2.4) “Rebuttable” and “Irrebuttable” Presumptions

The term “irrebuttable presumption” is frequently used, but this term is, at best, a misnomer and, at worst, a contradiction in terms. From an evidentiary standpoint, all presumptions are “rebuttable” in the sense that they do not foreclose consideration of the factual matter in question. 2 MCCORMICK ON EVIDENCE § 342, p. 433–34 (John W. Strong ed., 5^th ed. 1999). By contrast, a presumption that is truly “irrebuttable” or “conclusive” is not an...