Legal Definitions - statutory presumption

A statutory 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.

For example, in some states, there is a statutory presumption that a driver with a blood alcohol concentration (BAC) of 0.08 or higher is legally intoxicated. This means that if a driver is found to have a BAC of 0.08 or higher, it is presumed that they were driving while intoxicated, and the burden shifts to the driver to prove otherwise.

Another example is the statutory presumption of paternity. In some states, if a man is married to a woman when she gives birth, he is presumed to be the father of the child. This presumption can be overcome with evidence that he is not the biological father.

Overall, a statutory presumption is a legal tool used to make assumptions about certain facts based on other established facts. It can be overcome with evidence to the contrary, but it places the burden of proof on the opposing party.