| slovo | definícia |
presumption
(mass) | presumption
- predpoklad |
presumption
(encz) | presumption,odhad n: Zdeněk Brož |
presumption
(encz) | presumption,předpoklad n: Zdeněk Brož |
Presumption
(gcide) | Presumption \Pre*sump"tion\ (?; 215), n. [L. praesumptio: cf. F.
pr['e]somption, OF. also presumpcion. See Presume.]
1. The act of presuming, or believing upon probable evidence;
the act of assuming or taking for granted; belief upon
incomplete proof.
[1913 Webster]
2. Ground for presuming; evidence probable, but not
conclusive; strong probability; reasonable supposition;
as, the presumption is that an event has taken place.
[1913 Webster]
3. That which is presumed or assumed; that which is supposed
or believed to be real or true, on evidence that is
probable but not conclusive. "In contradiction to these
very plausible presumptions." --De Quincey.
[1913 Webster]
4. The act of venturing beyond due beyond due bounds; an
overstepping of the bounds of reverence, respect, or
courtesy; forward, overconfident, or arrogant opinion or
conduct; presumptuousness; arrogance; effrontery.
[1913 Webster]
Thy son I killed for his presumption. --Shak.
[1913 Webster]
I had the presumption to dedicate to you a very
unfinished piece. --Dryden.
[1913 Webster]
Conclusive presumption. See under Conclusive.
Presumption of fact (Law), an argument of a fact from a
fact; an inference as to the existence of one fact not
certainly known, from the existence of some other fact
known or proved, founded on a previous experience of their
connection; supposition of the truth or real existence of
something, without direct or positive proof of the fact,
but grounded on circumstantial or probable evidence which
entitles it to belief. --Burrill. --Best. --Wharton.
Presumption of law (Law), a postulate applied in advance to
all cases of a particular class; e. g., the presumption of
innocence and of regularity of records. Such a presumption
is rebuttable or irrebuttable.
[1913 Webster] |
presumption
(wn) | presumption
n 1: an assumption that is taken for granted [syn: given,
presumption, precondition]
2: (law) an inference of the truth of a fact from other facts
proved or admitted or judicially noticed
3: audacious (even arrogant) behavior that you have no right to;
"he despised them for their presumptuousness" [syn:
presumption, presumptuousness, effrontery,
assumption]
4: a kind of discourtesy in the form of an act of presuming;
"his presumption was intolerable" |
PRESUMPTION
(bouvier) | PRESUMPTION, evidence. An inference as to the existence of one fact, from
the existence of some other fact, founded on a previous experience of their
connexion. 3 Stark. Ev. 1234; 1 Phil. Ev. 116; Gilb. Ev. 142; Poth. Tr. des.
Ob. part. 4, c. 3, s. 2, n. 840. Or it, is an opinion, which circumstances,
give rise to, relative to a matter of fact, which they are supposed to
attend. Menthuel sur les Conventions, liv. 1, tit. 5.
2. To constitute such a presumption, a previous experience of the
connexion between the known and inferred facts is essential, of such a
nature that as soon as the existence of the one is established, admitted or
assumed, an inference as to the existence of the other arises, independently
of any reasoning upon the subject. It follows that an inference may be
certain or not certain, but merely, probable, and therefore capable of being
rebutted by contrary proof.
3. In general a presumption is more or less strong according as the
fact presumed is a necessary, usual or infrequent consequence of the fact or
facts seen, known, or proven. When the fact inferred is the necessary
consequence of the fact or facts known, the presumption amounts to a proof
when it is the usual, but not invariable consequence, the presumption is
weak; but when it is sometimes, although rarely,the consequence of the fact
or facts known, the presumption is of no weight. Menthuel sur les
Conventions, tit. 5. See Domat, liv. 9, tit. 6 Dig. de probationibus et
praesumptionibus.
4. Presumptions are either legal and artificial, or natural.
5.-1. Legal or artificial presumptions are such as derive from the law
a technical or artificial, operation and effect, beyond their mere natural.
tendency to produce belief, and operate uniformly, without applying the
process of reasoning on which they are founded, to the circumstances of the
particular case. For instance, at the expiration of twenty years, without
payment of interest on a bond, or other acknowledgment of its existence,
satisfaction is to be presumed; but if a single day less than twenty years
has elapsed, the presumption of satisfaction from mere lapse of time, does
not arise; this is evidently an artificial and arbitrary distinction. 4
Greenl. 270; 10 John. R. 338; 9 Cowen, R. 653; 2 McCord, R. 439; 4 Burr.
1963; Lofft, 320; 1 T. R. 271; 6 East, R. 215; 1 Campb. R. 29. An example of
another nature is given under this head by the civilians. If a mother and
her infant at the breast perish in the same conflagration, the law presumes
that the mother survived, and that the infant perished first, on account of
its weakness, and on this ground the succession belongs to the heirs of the
mother. See Death, 9 to 14.
6. Legal presumptions are of two kinds: first, such as are made by the
law itself, or presumptions of mere law; secondly, such as are to be made by
a jury, or presumptions of law and fact.
7.-1st. Presumptions of mere law, are either absolute and conclusive;
as, for instance, the presumption of law that a bond or other specialty was
executed upon a good consideration, cannot be rebutted by evidence, so long
as the instrument is not impeached for fraud; 4 Burr. 2225; or they are not
absolute, and may be rebutted evidence; for example, the law presumes that a
bill of exchange was accepted on a good consideration, but that presumption
may be rebutted by proof to the contrary.
8.-2d. Presumptions of law and fact are such artificial presumptions as
are recognized and warranted by the law as the proper inferences to be made
by juries under particular circumstances; for instance, au unqualified
refusal to deliver up the goods on demand made by the owner, does not fall
within any definition of a conversion, but inasmuch as the detention is
attended with all the evils of a conversion to the owner, the law makes it,
in its effects and consequences, equivalent to a conversion, by directing or
advising the jury to infer a conversion from the facts of demand and
refusal.
9.-2. Natural presumptions depend upon their own form and efficacy in
generating belief or conviction on the mind, as derived from these
connexions which are pointed out by experience; they are wholly independent
of any artificial connexions and relations, and differ from mere
presumptions of law in this essential respect, that those depend, or rather
are a branch of the particular system of jurisprudence to which they belong;
but mere natural presumptions are derived wholly by means of the common
experience of mankind, from the course of nature and the ordinary habits of
society.
Vide, generally, Stark. Ev. h.t.; 1 Phil. Ev. 116; Civ. Code of Lo.
2263 to 2267; 17 Vin. Ab. 567; 12 Id. 124; 1 Supp. to Ves. jr. 37, 188, 489;
2 Id. 51, 223, 442; Bac. Ab. Evidence, H; Arch. Civ. Pl. 384; Toull. Dr.
Civ. Fr. liv. 3, t. 3, o. 4, s. 3; Poth. Tr. des Obl. part 4, c. 3, s. 2;
Matt. on Pres.; Gresl. Eq. Ev. pt. 3, c. 4, 363; 2 Poth. Ob. by Evans, 340;
3 Bouv. Inst. n. 3058, et seq.
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Conclusive presumption
(gcide) | Conclusive \Con*clu"sive\, a. [Cf. F. conclusif.]
Belonging to a close or termination; decisive; convincing;
putting an end to debate or question; leading to, or
involving, a conclusion or decision.
[1913 Webster]
Secret reasons . . . equally conclusive for us as they
were for them. --Rogers.
[1913 Webster]
Conclusive evidence (Law), that of which, from its nature,
the law allows no contradiction or explanation.
Conclusive presumption (Law), an inference which the law
makes so peremptorily that it will not allow it to be
overthrown by any contrary proof, however strong.
Syn: Final; ultimate; unanswerable. See Final.
[1913 Webster]Presumption \Pre*sump"tion\ (?; 215), n. [L. praesumptio: cf. F.
pr['e]somption, OF. also presumpcion. See Presume.]
1. The act of presuming, or believing upon probable evidence;
the act of assuming or taking for granted; belief upon
incomplete proof.
[1913 Webster]
2. Ground for presuming; evidence probable, but not
conclusive; strong probability; reasonable supposition;
as, the presumption is that an event has taken place.
[1913 Webster]
3. That which is presumed or assumed; that which is supposed
or believed to be real or true, on evidence that is
probable but not conclusive. "In contradiction to these
very plausible presumptions." --De Quincey.
[1913 Webster]
4. The act of venturing beyond due beyond due bounds; an
overstepping of the bounds of reverence, respect, or
courtesy; forward, overconfident, or arrogant opinion or
conduct; presumptuousness; arrogance; effrontery.
[1913 Webster]
Thy son I killed for his presumption. --Shak.
[1913 Webster]
I had the presumption to dedicate to you a very
unfinished piece. --Dryden.
[1913 Webster]
Conclusive presumption. See under Conclusive.
Presumption of fact (Law), an argument of a fact from a
fact; an inference as to the existence of one fact not
certainly known, from the existence of some other fact
known or proved, founded on a previous experience of their
connection; supposition of the truth or real existence of
something, without direct or positive proof of the fact,
but grounded on circumstantial or probable evidence which
entitles it to belief. --Burrill. --Best. --Wharton.
Presumption of law (Law), a postulate applied in advance to
all cases of a particular class; e. g., the presumption of
innocence and of regularity of records. Such a presumption
is rebuttable or irrebuttable.
[1913 Webster] |
Presumption
(gcide) | Presumption \Pre*sump"tion\ (?; 215), n. [L. praesumptio: cf. F.
pr['e]somption, OF. also presumpcion. See Presume.]
1. The act of presuming, or believing upon probable evidence;
the act of assuming or taking for granted; belief upon
incomplete proof.
[1913 Webster]
2. Ground for presuming; evidence probable, but not
conclusive; strong probability; reasonable supposition;
as, the presumption is that an event has taken place.
[1913 Webster]
3. That which is presumed or assumed; that which is supposed
or believed to be real or true, on evidence that is
probable but not conclusive. "In contradiction to these
very plausible presumptions." --De Quincey.
[1913 Webster]
4. The act of venturing beyond due beyond due bounds; an
overstepping of the bounds of reverence, respect, or
courtesy; forward, overconfident, or arrogant opinion or
conduct; presumptuousness; arrogance; effrontery.
[1913 Webster]
Thy son I killed for his presumption. --Shak.
[1913 Webster]
I had the presumption to dedicate to you a very
unfinished piece. --Dryden.
[1913 Webster]
Conclusive presumption. See under Conclusive.
Presumption of fact (Law), an argument of a fact from a
fact; an inference as to the existence of one fact not
certainly known, from the existence of some other fact
known or proved, founded on a previous experience of their
connection; supposition of the truth or real existence of
something, without direct or positive proof of the fact,
but grounded on circumstantial or probable evidence which
entitles it to belief. --Burrill. --Best. --Wharton.
Presumption of law (Law), a postulate applied in advance to
all cases of a particular class; e. g., the presumption of
innocence and of regularity of records. Such a presumption
is rebuttable or irrebuttable.
[1913 Webster] |
Presumption of fact
(gcide) | Presumption \Pre*sump"tion\ (?; 215), n. [L. praesumptio: cf. F.
pr['e]somption, OF. also presumpcion. See Presume.]
1. The act of presuming, or believing upon probable evidence;
the act of assuming or taking for granted; belief upon
incomplete proof.
[1913 Webster]
2. Ground for presuming; evidence probable, but not
conclusive; strong probability; reasonable supposition;
as, the presumption is that an event has taken place.
[1913 Webster]
3. That which is presumed or assumed; that which is supposed
or believed to be real or true, on evidence that is
probable but not conclusive. "In contradiction to these
very plausible presumptions." --De Quincey.
[1913 Webster]
4. The act of venturing beyond due beyond due bounds; an
overstepping of the bounds of reverence, respect, or
courtesy; forward, overconfident, or arrogant opinion or
conduct; presumptuousness; arrogance; effrontery.
[1913 Webster]
Thy son I killed for his presumption. --Shak.
[1913 Webster]
I had the presumption to dedicate to you a very
unfinished piece. --Dryden.
[1913 Webster]
Conclusive presumption. See under Conclusive.
Presumption of fact (Law), an argument of a fact from a
fact; an inference as to the existence of one fact not
certainly known, from the existence of some other fact
known or proved, founded on a previous experience of their
connection; supposition of the truth or real existence of
something, without direct or positive proof of the fact,
but grounded on circumstantial or probable evidence which
entitles it to belief. --Burrill. --Best. --Wharton.
Presumption of law (Law), a postulate applied in advance to
all cases of a particular class; e. g., the presumption of
innocence and of regularity of records. Such a presumption
is rebuttable or irrebuttable.
[1913 Webster] |
Presumption of law
(gcide) | Presumption \Pre*sump"tion\ (?; 215), n. [L. praesumptio: cf. F.
pr['e]somption, OF. also presumpcion. See Presume.]
1. The act of presuming, or believing upon probable evidence;
the act of assuming or taking for granted; belief upon
incomplete proof.
[1913 Webster]
2. Ground for presuming; evidence probable, but not
conclusive; strong probability; reasonable supposition;
as, the presumption is that an event has taken place.
[1913 Webster]
3. That which is presumed or assumed; that which is supposed
or believed to be real or true, on evidence that is
probable but not conclusive. "In contradiction to these
very plausible presumptions." --De Quincey.
[1913 Webster]
4. The act of venturing beyond due beyond due bounds; an
overstepping of the bounds of reverence, respect, or
courtesy; forward, overconfident, or arrogant opinion or
conduct; presumptuousness; arrogance; effrontery.
[1913 Webster]
Thy son I killed for his presumption. --Shak.
[1913 Webster]
I had the presumption to dedicate to you a very
unfinished piece. --Dryden.
[1913 Webster]
Conclusive presumption. See under Conclusive.
Presumption of fact (Law), an argument of a fact from a
fact; an inference as to the existence of one fact not
certainly known, from the existence of some other fact
known or proved, founded on a previous experience of their
connection; supposition of the truth or real existence of
something, without direct or positive proof of the fact,
but grounded on circumstantial or probable evidence which
entitles it to belief. --Burrill. --Best. --Wharton.
Presumption of law (Law), a postulate applied in advance to
all cases of a particular class; e. g., the presumption of
innocence and of regularity of records. Such a presumption
is rebuttable or irrebuttable.
[1913 Webster] |
Violent presumption
(gcide) | Violent \Vi"o*lent\, a. [F., from L. violentus, from vis
strength, force; probably akin to Gr. ? a muscle, strength.]
1. Moving or acting with physical strength; urged or impelled
with force; excited by strong feeling or passion;
forcible; vehement; impetuous; fierce; furious; severe;
as, a violent blow; the violent attack of a disease.
[1913 Webster]
Float upon a wild and violent sea. --Shak.
[1913 Webster]
A violent cross wind from either coast. --Milton.
[1913 Webster]
2. Acting, characterized, or produced by unjust or improper
force; outrageous; unauthorized; as, a violent attack on
the right of free speech.
[1913 Webster]
To bring forth more violent deeds. --Milton.
[1913 Webster]
Some violent hands were laid on Humphrey's life.
--Shak.
[1913 Webster]
3. Produced or effected by force; not spontaneous; unnatural;
abnormal.
[1913 Webster]
These violent delights have violent ends. --Shak.
[1913 Webster]
No violent state can be perpetual. --T. Burnet.
[1913 Webster]
Ease would recant
Vows made in pain, as violent and void. --Milton.
[1913 Webster]
Violent presumption (Law), presumption of a fact that
arises from proof of circumstances which necessarily
attend such facts.
Violent profits (Scots Law), rents or profits of an estate
obtained by a tenant wrongfully holding over after
warning. They are recoverable in a process of removing.
[1913 Webster]
Syn: Fierce; vehement; outrageous; boisterous; turbulent;
impetuous; passionate; severe; extreme.
[1913 Webster] |
NATURAL PRESUMPTIONS
(bouvier) | NATURAL PRESUMPTIONS, evidence. Presumptions of fact; those which depend
upon their own form and efficacy in generating belief or conviction in the
mind, as derived from those connexions which are pointed out by experience;
they are independent of any artificial connexions, and differ from mere
presumptions of law in this essential respect, that the latter depend on and
are a branch of th& particular system of jurisprudence to which they belong;
but mere natural presumptions are derived wholly by means of the common
experience of mankind, without the aid or control of any particular rule of
law, but simply from the course of nature and the habits of society. These
presumptions fall within the exclusive province of the jury, who are to pass
upon the facts. 3 Bouv. Inst. n. 3064; Greenleaf on Ev. Sec. 44.
|
PRESUMPTION
(bouvier) | PRESUMPTION, evidence. An inference as to the existence of one fact, from
the existence of some other fact, founded on a previous experience of their
connexion. 3 Stark. Ev. 1234; 1 Phil. Ev. 116; Gilb. Ev. 142; Poth. Tr. des.
Ob. part. 4, c. 3, s. 2, n. 840. Or it, is an opinion, which circumstances,
give rise to, relative to a matter of fact, which they are supposed to
attend. Menthuel sur les Conventions, liv. 1, tit. 5.
2. To constitute such a presumption, a previous experience of the
connexion between the known and inferred facts is essential, of such a
nature that as soon as the existence of the one is established, admitted or
assumed, an inference as to the existence of the other arises, independently
of any reasoning upon the subject. It follows that an inference may be
certain or not certain, but merely, probable, and therefore capable of being
rebutted by contrary proof.
3. In general a presumption is more or less strong according as the
fact presumed is a necessary, usual or infrequent consequence of the fact or
facts seen, known, or proven. When the fact inferred is the necessary
consequence of the fact or facts known, the presumption amounts to a proof
when it is the usual, but not invariable consequence, the presumption is
weak; but when it is sometimes, although rarely,the consequence of the fact
or facts known, the presumption is of no weight. Menthuel sur les
Conventions, tit. 5. See Domat, liv. 9, tit. 6 Dig. de probationibus et
praesumptionibus.
4. Presumptions are either legal and artificial, or natural.
5.-1. Legal or artificial presumptions are such as derive from the law
a technical or artificial, operation and effect, beyond their mere natural.
tendency to produce belief, and operate uniformly, without applying the
process of reasoning on which they are founded, to the circumstances of the
particular case. For instance, at the expiration of twenty years, without
payment of interest on a bond, or other acknowledgment of its existence,
satisfaction is to be presumed; but if a single day less than twenty years
has elapsed, the presumption of satisfaction from mere lapse of time, does
not arise; this is evidently an artificial and arbitrary distinction. 4
Greenl. 270; 10 John. R. 338; 9 Cowen, R. 653; 2 McCord, R. 439; 4 Burr.
1963; Lofft, 320; 1 T. R. 271; 6 East, R. 215; 1 Campb. R. 29. An example of
another nature is given under this head by the civilians. If a mother and
her infant at the breast perish in the same conflagration, the law presumes
that the mother survived, and that the infant perished first, on account of
its weakness, and on this ground the succession belongs to the heirs of the
mother. See Death, 9 to 14.
6. Legal presumptions are of two kinds: first, such as are made by the
law itself, or presumptions of mere law; secondly, such as are to be made by
a jury, or presumptions of law and fact.
7.-1st. Presumptions of mere law, are either absolute and conclusive;
as, for instance, the presumption of law that a bond or other specialty was
executed upon a good consideration, cannot be rebutted by evidence, so long
as the instrument is not impeached for fraud; 4 Burr. 2225; or they are not
absolute, and may be rebutted evidence; for example, the law presumes that a
bill of exchange was accepted on a good consideration, but that presumption
may be rebutted by proof to the contrary.
8.-2d. Presumptions of law and fact are such artificial presumptions as
are recognized and warranted by the law as the proper inferences to be made
by juries under particular circumstances; for instance, au unqualified
refusal to deliver up the goods on demand made by the owner, does not fall
within any definition of a conversion, but inasmuch as the detention is
attended with all the evils of a conversion to the owner, the law makes it,
in its effects and consequences, equivalent to a conversion, by directing or
advising the jury to infer a conversion from the facts of demand and
refusal.
9.-2. Natural presumptions depend upon their own form and efficacy in
generating belief or conviction on the mind, as derived from these
connexions which are pointed out by experience; they are wholly independent
of any artificial connexions and relations, and differ from mere
presumptions of law in this essential respect, that those depend, or rather
are a branch of the particular system of jurisprudence to which they belong;
but mere natural presumptions are derived wholly by means of the common
experience of mankind, from the course of nature and the ordinary habits of
society.
Vide, generally, Stark. Ev. h.t.; 1 Phil. Ev. 116; Civ. Code of Lo.
2263 to 2267; 17 Vin. Ab. 567; 12 Id. 124; 1 Supp. to Ves. jr. 37, 188, 489;
2 Id. 51, 223, 442; Bac. Ab. Evidence, H; Arch. Civ. Pl. 384; Toull. Dr.
Civ. Fr. liv. 3, t. 3, o. 4, s. 3; Poth. Tr. des Obl. part 4, c. 3, s. 2;
Matt. on Pres.; Gresl. Eq. Ev. pt. 3, c. 4, 363; 2 Poth. Ob. by Evans, 340;
3 Bouv. Inst. n. 3058, et seq.
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