Legal Definitions - factual presumption

Definition: A factual presumption is a legal inference or assumption that a fact exists based on the known or proven existence of some other fact or group of facts. It is a rule of evidence that calls for a certain result in a given case unless the adversely affected party overcomes it with other evidence. A presumption shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.

Examples: One example of a factual presumption is that a child under the age of seven is incapable of committing a felony. This is a conclusive presumption, which means it cannot be overcome by any additional evidence or argument. Another example is the heeding presumption, which is a rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one.

Explanation: In the first example, the factual presumption is based on the common experience that young children lack the mental capacity to understand the consequences of their actions. In the second example, the factual presumption is based on the assumption that most people would follow a warning label if it was provided. These examples illustrate how factual presumptions can be used in legal cases to make assumptions about certain facts based on other known or proven facts.