Presumptions Flashcards
A presumption is a recognition that if one fact proven, then
Second fact assumed from first
If proven child is under 7, presumption arises that child is _
Incapable of negligence
The under 7 presumption may be _
Unrebuttable
If child is between 7-14 and can be sufficient sophistication/intelligence/experience, presumption is considered to be _
Rebuttable
If child is capable of committing a negligent act then presumption may be _
Rebutted
A person accused of a crime is presumed to be _
Innocent
The innocent presumption may be overcome by government presenting _
Evidence of criminal behavior
If person holds power of attorney for another individual and profits from that relationship, presumption that
Profiting is fraudulent
Power of attorney presumption is that they have great deal of power of individual and _
Can manipulate assets or activities of that individual
A presumption of _ may also arise
Death from an absence of seven years
If person disappears and is not seen/heard from, they are _
Assumed dead
Another presumption is presumption of knowledge of
Law
Assumption of knowledge of law is that you are assumed to
Know the law
Cannot raise defense that you
Didn’t know the law
