Legal Definitions - mandatory presumption

Definition: A mandatory presumption is a type of presumption that is considered to be conclusive. This means that the presumption must be accepted as true unless there is evidence to the contrary.

For example, in a criminal trial, there may be a mandatory presumption that a defendant is innocent until proven guilty. This means that the jury must assume that the defendant is innocent unless the prosecution can provide evidence that proves their guilt beyond a reasonable doubt.

Another example of a mandatory presumption is in the case of mandatory sentencing. This means that a judge must impose a specific sentence for a particular crime, regardless of any mitigating circumstances or other factors that may be present.

In both of these examples, the mandatory presumption is considered to be conclusive, meaning that it must be accepted as true unless there is evidence to the contrary.