Legal Definitions - mixed presumption

Definition: 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 contains elements of both law and fact.

Example: In a case where a person is accused of stealing a car, there may be a mixed presumption that the person had the intent to steal the car if they were found in possession of tools commonly used to break into cars. This presumption is mixed because it involves both a legal inference (possession of tools) and a factual inference (intent to steal).

Explanation: The mixed presumption in this example is based on the known fact that the person was found in possession of tools commonly used to break into cars, which is a legal inference. The presumption that the person had the intent to steal the car is a factual inference based on the known fact of possession of the tools. The mixed presumption shifts the burden of production or persuasion to the opposing party, who can then attempt to overcome the presumption.