WordNet
- constitute reasonable evidence for; "A restaurant bill presumes the consumption of food"
- take liberties or act with too much confidence
PrepTutorEJDIC
- …‘を'推定する,仮定する / 《『presume to』 do》『思い切って』『する』,大胆(生意気)にも…する(dare) / 思いあがった(生意気な,大胆な)ことをする / (…に)つけ入る,つけ込む,甘える《+『on』(『upon』)+『名』》
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出典(authority):フリー百科事典『ウィキペディア（Wikipedia）』「2014/12/15 23:24:14」(JST)
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In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption include a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed.
The ancient Jewish law code, the Talmud, included reasoning from presumptions (hazakah), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily pay a debt before term."[1] The same concept was found in ancient Roman law, where, for example, if there was doubt as to whether a child was really the issue of someone who had left money in a will, the presumption was in favour of the child.[2] Medieval Roman and canon law graded presumptions according to strength: light, medium or probable, and violent.[3] These gradings and many individual presumptions were taken over into English law in the seventeenth century by Edward Coke.[4]
There are two types of presumption: rebuttable presumption and conclusive presumption. An example of presumption without basic facts is presumption of innocence.[5]
An example of presumption with basic facts is Declared death in absentia, e.g., the law says if a person has been missing for seven years or more (basic fact), that person is presumed dead.[citation needed]
Specific presumptions
A number of presumptions are found in most common law jurisdictions. Examples of these presumptions include:
- The presumption of death. A person who has been absent for seven years without explanation and "gone to parts unknown" is presumed dead at common law.[6] The time period it takes for the presumption to arise has often been modified by statute.[7]
- The presumption of innocence, which holds that the prosecution bears the burden of proof in a criminal case, and that the accused has no obligation to introduce evidence until the prosecution has made a prima facie case.
- The presumption of legitimacy or presumption of paternity, which presumes that a husband is the biological father of a child born to his wife during the marriage, or within nine months after the marriage is ended by death, legal separation, or divorce.[8] Some jurisdictions also hold that a presumption of paternity arises when a father accepts a child into his home, or publicly represents that he is the child's father.[9]
- A presumption of survivorship has referred to a number of different presumptions. The term is sometimes used to refer to presumptions that one or another of two persons lived the longer when they died together in the same accident.[10] The presumption that two or more people who establish a joint account intend for the survivors to have the assets put into the fund upon the death of one of the joint account holders has also been called the "presumption of survivorship".[11]
- The presumption of mailing presumes that a properly addressed letter delivered to the post office or a common carrier was in fact delivered and received by the addressee.[12]
- The presumption of fraud or undue influence arises where a person in a position of trust over another, such as a guardian or the holder of a power of attorney applies the other person's assets to his or her own benefit.[13]
- The presumption of validity is another way of expressing a burden of proof: the official acts of courts are presumed valid, and those who would challenge them must overcome this presumption.[14] This is also termed the presumption of regularity.[15]
- In the law of the United States, the presumption of constitutionality presumes that all statutes are drafted in accordance with Federal and state constitutional requirements. The party challenging the constitutionality of a statute bears the burden of proof, and any doubts are resolved against that party. If there are two reasonable interpretations of a statute, one of which is constitutional and the other not, the courts choose the path that permits upholding the statute.[16]
References
- ^ J. Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Baltimore: Johns Hopkins University Press, 2001), 6.
- ^ Franklin, Science of Conjecture, 9.
- ^ Franklin, Science of Conjecture, 20–23.
- ^ Franklin, Science of Conjecture, 60–61.
- ^ Technically, the presumption of innocence is not a presumption, but rather is a rhetorical expression that emphasizes that the prosecution bears the burden of proof in a criminal case. The accused has no obligation to adduce evidence in their favor and is automatically acquitted unless the prosecution proves guilt beyond a reasonable doubt. See presumption of innocence.
- ^ Prudential Insurance Comp. v. Moore, 197 Ind. 50, 149 N.E. 718 (Ind. 1925)
- ^ E.g. Ind. Code § 29-2-5-1.
- ^ E.g. Ind. Code § 31-14-7-1.
- ^ E.g. Ind. Code § 31-14-7-2.
- ^ Black's Law Dictionary (5th. ed., 1979; West Publishing Co., ISBN 0-8299-2041-2), p. 1068, "Presumption of survivorship"
- ^ E.g. Matter of Estate of Banko, 622 N.E.2d 476 (Ind. 1993)
- ^ E.g. U-Haul Co. of Indiana, Inc. v. Indiana Dept. of State Revenue, 896 N.E.2d 1253 (Ind.Tax 2008)
- ^ In re Estate of Compton, 919 N.E.2d 1181, (Ind.Ct.App. 2010), trans. denied
- ^ Monon Corp. v. Townsend, Yosha, Cline & Price, 678 N.E.2d 807, 809 (Ind.Ct.App. 1997).
- ^ Cooper, Simon & Murphy, Peter & Beaumont, John. Cases & Materials on Evidence. Fourth Edition. Oxford University Press. 1994. p. 86
- ^ Boehm v. Town of St. John, 675 N.E.2d 318 (Ind.1996)
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English Journal
- Salinomycin inhibits osteosarcoma by targeting its tumor stem cells.
- Tang QL, Zhao ZQ, Li JC, Liang Y, Yin JQ, Zou CY, Xie XB, Zeng YX, Shen JN, Kang T, Wang J.SourceDepartment of Musculoskeletal Oncology, First Affiliated Hospital, Sun Yat-Sen University, Guangzhou 510080, China; State Key Laboratory of Oncology in South China, Sun Yat-Sen University Cancer Center, Guangzhou 510060, China.
- Cancer letters.Cancer Lett.2011 Dec 1;311(1):113-21. Epub 2011 Jul 21.
- Osteosarcoma is the most common primary bone tumor in children and adolescents and is typically associated with a poor prognosis. Tumor stem cells (TSCs) are presumed to drive tumor initiation and tumor relapse or metastasis. Hence, the poor prognosis of osteosarcoma likely results from a failure to
- PMID 21835542
- Preferential adsorption of fetal bovine serum on bare and aromatic thiol-functionalized gold surfaces in cell culture media.
- Park J, Park JH, Ock KS, Ganbold EO, Song NW, Cho K, Lee SY, Joo SW.SourceDepartment of Chemistry, Soongsil University, Seoul 156-743, Republic of Korea.
- Journal of colloid and interface science.J Colloid Interface Sci.2011 Nov 1;363(1):105-13. Epub 2011 Jul 22.
- Intracellular uptake of serum-coated gold nanoparticles (AuNPs) in a single mammalian cell was examined in order to investigate the interactions of cell culture media and aromatic thiol-functionalized gold surfaces using micro-spectroscopic tools. The AuNPs modified by the aromatic thiols of para-am
- PMID 21840532
Japanese Journal
- 安井 譲,YASUI Yuzuru,鬼木 健太,Oniki Kenta,小竹原 明啓,Kotakehara Akihiro,橋本 勇一,Hashimoto Yuichi
- 41, 200-207, 2011-08-02T06:08:56Z
- … The S wave velocity structures in the vicinity of the surface ground were presumed by inversely analyzing the dispersion curves using genetic algorithm and the corresponding published data were examined. …
- NAID 120003222692
- 安井 譲,Yasui Yuzuru,野口 竜也,Noguchi Tatsuya,小嶋 啓介,Kojima Keisuke,香川 敬生,Kagawa Takao,白﨑 貴也,Shirasaki Takaya,橋本 勇一,Hashimoto Yuichi,中谷 英史,Eiji Eiji Nakaya,堀川 晋壱,Shinichi Horikawa
- 41, 208-214, 2011-08-02T07:22:27Z
- … A ground model consisted of four soil layers where the S wave velocities were given was considered, and the thickness of each layer was presumed by inverse analysis of the dispersion curve through genetic algorithm. … On the other hand, it was suggested that the presumed ground structure of the east side of the fault should be reexamined. …
- NAID 120003222693
Related Links
- v. pre・sumed, pre・sum・ing, pre・sumes. v.tr. 1. To take for granted as being true in the absence of proof to the contrary: We presumed she was innocent. 2. To constitute reasonable evidence for assuming; appear to prove: A signed hotel bill ...
Related Pictures
★リンクテーブル★
[★]
推定眼ヒストプラスマ症候群
[★]
- 推定する、思いこむ
- 想像する、～と思う、考える
- 想定/仮定する、前庭とする、含意する
- あえて/大胆にも～する/と言う
- 仮定/推測する
- でしゃばる、つけあがる、つけこむ(on)
- 関
- assume, assumption, deduce, estimate, estimation, extrapolate, extrapolation, hypotheses, hypothesis, hypothesize, postulate, premise, presumption, supposition
- presumed