PRESUMPTIONS AFFECTIONG THE B.O.P.

Question 1

§ 660 - Presumptions Affecting BOP

Answer 1

The presumptions established by this article, and all other rebuttable presumptions established by law that fall within the criteria of Section 605, are presumptions affecting the burden of proof.

Question 2

§ 662 - Legal Title & Beneficial Title Owner

Answer 2

The owner of the legal title to property is presumed to be the owner of the full beneficial title.  This presumption may be rebutted only by clear and convincing proof.

Question 3

§ 663 - Ceremonial Marriage

Answer 3

A ceremonial marriage is presumed to be valid.

Question 4

§ 664 - Official Duty Regularly Performed

Answer 4

It is presumed that official duty has been regularly performed (except as to warrantless arrests).

Question 5

§ 665 - Ordinary Consequences of a Voluntary Act

Answer 5

A person is presumed to intend the ordinary consequences of his voluntary act.  This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged.

Question 6

§ 666 - Judicial Action in Lawful Exercise of Jurisdiction

Answer 6

Any court of this state or the United States, or any court of general jurisdiction in any other state or nation, or any judge of such a court, acting as such, is presumed to have acted in the lawful exercise of its jurisdiction.  This presumption applies only when the act of the court or judge is under collateral attack.

Question 7

§ 667 - Death of Person Not Heard from in Five Years

Answer 7

A person not heard from in five years is presumed to be dead.

Question 8

§ 668 - Unlawful Intent (General Intent)

Answer 8

An unlawful intent is presumed from the doing of an unlawful act.  This presumption is inapplicable in a criminal action to establish the specific intent of the defendant where specific intent is an element of the crime charged.