California Bar Practice Exam

Question: 1 / 545

What defines a presumption in legal terms?

An assumption that requires a particular inference from established facts

A presumption in legal terms is fundamentally characterized as an assumption that requires a particular inference from established facts. This means that when certain facts are proven, the law allows the court to make a specific conclusion or inference unless it is rebutted by contrary evidence.

Presumptions play an important role in the legal process because they help streamline cases by allowing courts to accept certain facts as true, facilitating judicial efficiency. For instance, in some situations, if a particular fact is established (like a child being born during a marriage), the law presumes that the husband is the father unless disproven.

The other options do not accurately capture the essence of what a presumption is. For example, a rule that establishes facts without any further proof would refer more to a legal fact or a legal conclusion rather than a presumption. An irrelevant fact does not have the legal weight necessary to create inferences, thus failing to meet the definition of a presumption. Lastly, guidelines for judges on interpreting laws relate more to judicial methodology than to the concept of presumptions in establishing legal facts.

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A rule that establishes facts without any further proof

An irrelevant fact that does not impact court decisions

A guideline for judges on how to interpret laws

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