presumptsioon

Presumption is a legal term that refers to a judgment or belief that is accepted as true without conclusive proof. In legal contexts, presumptions are often used to simplify the process of determining facts, especially in cases where the truth is not readily apparent. There are two main types of presumptions: legal presumptions and rebuttable presumptions.

Legal presumptions are those that are conclusive and cannot be overcome by evidence to the contrary. For example, the presumption of innocence in criminal cases means that a person is considered innocent until proven guilty beyond a reasonable doubt. This presumption is fundamental to the fair administration of justice.

Rebuttable presumptions, on the other hand, can be overcome by presenting sufficient evidence to the contrary. An example of a rebuttable presumption is the presumption of capacity to marry, which holds that individuals are presumed to be capable of entering into a marriage unless there is evidence to the contrary, such as mental incapacity or fraud.

Presumptions are used to streamline the legal process and ensure fairness, but they must be applied carefully to avoid miscarriages of justice. The use of presumptions is governed by legal principles and precedents, and their application can vary depending on the jurisdiction and the specific circumstances of the case.