presumptionen

Presumption (plural presumptions) is a conclusion that is accepted as true for purposes of reasoning or adjudication in the absence of complete proof. It rests on established rules, general experience, or common sense and serves to guide decision-making. A presumption can be rebuttable, meaning it can be overturned by contrary evidence, or irrebuttable, meaning it cannot be contradicted in principle.

In legal systems, presumptions are rules that allocate the burden of proof. They help courts decide when to require evidence on certain issues. Rebuttable presumptions shift the burden to the other party to produce evidence to defeat the presumption. Irrebuttable presumptions are conclusive and cannot be displaced by evidence.

Common examples include the presumption of innocence in criminal law, where the state must prove guilt; the presumption of legitimacy of a child born to a married couple; and various presumptions regarding death, age, or residency. In civil and administrative contexts, statutes may create presumptions of risk, negligence, or regularity of official acts.

In logic and everyday reasoning, presumptions are inferences drawn from known facts or general knowledge. They are typically defeasible and subject to revision when new information appears. Presumptions should not be confused with assumptions; presumptions are recognized rules or inferences that operate within a framework of argument or law.