Legal Definitions - irrebuttable presumption

Definition: An irrebuttable presumption is a legal inference or assumption that a fact exists, which cannot be overcome by any additional evidence or argument. It is also known as a conclusive presumption or mandatory presumption. This type of presumption shifts the burden of production or persuasion to the opposing party, who cannot attempt to overcome the presumption.

Example: A common example of an irrebuttable presumption is that a child under the age of seven is incapable of committing a felony. This means that even if there is evidence that the child committed the crime, the law presumes that they are not capable of doing so, and no additional evidence or argument can overcome this presumption.

Explanation: The example illustrates how an irrebuttable presumption works. Even if there is evidence that contradicts the presumption, such as eyewitness testimony or physical evidence, the law still considers the presumption to be true. This type of presumption is often used in cases where the law wants to protect certain individuals, such as children or mentally disabled individuals, from being held responsible for their actions.