Section 2.9 Rationales for Presumptions

• Library: Sources of Proof (2014 Ed.)

Given that there are a number of different views on the effect of a presumption in a given case and the amount of evidence necessary to rebut such a presumption, it is necessary to consider the reasons why presumptions exist in the first place. As noted in §2.1 above, the basic function of a presumption is to substitute for a party’s proof of a particular fact in furtherance of a material proposition in a case. There are two possible effects from...