Section 2.5 Presumptions as a Source of Proof

• Library: Sources of Proof (2014 Ed.)

D. (§2.5) Presumptions as a Source of Proof

An evidentiary presumption consists of two elements:

1. The basic facts

2. The presumed facts

The basic fact is a fact, either undisputed or established by independent evidence, that, by its presence in the lawsuit, triggers the operation of the presumption. 2 MCCORMICK ON EVIDENCE § 344, pp. 690–91 (Kenneth S. Broun ed., 7^th ed. 2013). The presumed fact is the conclusion that the law says must be drawn from the presence of the basic fact. Mercantile Bank & Trust Co. v. Vilkins, 712 S.W.2d 1, 3 (Mo. App. W.D. 1986).

The presumption of accidental death from the basic factual evidence that the death occurred by violent means illustrates the interplay of basic fact and presumed fact. This presumption operates when the plaintiff is...