PRESUMPTIONS AND CONCLUSIVE PROOF

Presumptions and conclusive proof are related legal concepts that help to determine the burden of proof in legal proceedings. Here is an explanation of each term:

1. Presumptions: A presumption is a legal assumption that a fact exists or is true, based on certain evidence or circumstances. Presumptions can be either rebuttable or irrebuttable.

• Rebuttable presumptions can be challenged by evidence to the contrary. For example, a person is presumed innocent until proven guilty in a criminal trial, but this presumption can be rebutted if the prosecution presents sufficient evidence to prove guilt beyond a reasonable doubt.
• Irrebuttable presumptions cannot be challenged by evidence. For example, in some jurisdictions, the law presumes that a child born during a marriage is the biological child of the husband, regardless of whether this is actually the case.

1. Conclusive proof: Conclusive proof is evidence that is so strong and conclusive that it eliminates any doubt or uncertainty about the existence of a fact. Conclusive proof can be used to shift the burden of proof from one party to another.

For example, in some jurisdictions, a certified copy of a birth certificate is considered conclusive proof of a person’s date of birth. If the issue in a legal case is the person’s age, and one party presents a certified copy of their birth certificate, the burden of proof shifts to the other party to prove that the birth certificate is incorrect or unreliable.

In summary, presumptions are legal assumptions that a fact exists or is true, while conclusive proof is evidence that is so strong and conclusive that it eliminates any doubt or uncertainty about the existence of a fact. Both concepts help to determine the burden of proof in legal proceedings.