presumption 音标拼音: [prɪz'ʌmpʃən] [priz'ʌmpʃən]
n . 专横,放肆,假定,推测,可能性
专横,放肆,假定,推测,可能性
presumption n 1 :
an assumption that is taken for granted [
synonym : {
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 " [
synonym :
{
presumption }, {
presumptuousness }, {
effrontery },
{
assumption }]
4 :
a kind of discourtesy in the form of an act of presuming ;
"
his presumption was intolerable "
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 ]
235 Moby Thesaurus words for "
presumption ":
adventurousness ,
allegory ,
allusion ,
apriorism ,
aptitude ,
arcane meaning ,
arrogance ,
aspiration ,
assumption ,
assurance ,
assured faith ,
attitude ,
audaciousness ,
audacity ,
axiom ,
basis ,
belief ,
bias ,
boldness ,
brashness ,
brass ,
brazenness ,
brinkmanship ,
bumptiousness ,
butting -
in ,
chance ,
cheek ,
cheekiness ,
cheerful expectation ,
chutzpah ,
climate of opinion ,
coloration ,
common belief ,
community sentiment ,
conceit ,
concept ,
conception ,
conclusion ,
confidence ,
conjecture ,
connotation ,
consensus gentium ,
consideration ,
contumely ,
conviction ,
courage fou ,
courting disaster ,
crust ,
daredevilry ,
daredeviltry ,
daring ,
deduction ,
dependence ,
desire ,
doomed hope ,
effrontery ,
entailment ,
estimate ,
estimation ,
ethos ,
evidence ,
expectation ,
eye ,
face ,
fair expectation ,
fair prospect ,
faith ,
familiarity ,
favorable prospect ,
feasibility ,
feeling ,
fervent hope ,
fire -
eating ,
flirting with death ,
foolhardiness ,
forejudgment ,
forwardness ,
gall ,
general belief ,
going for broke ,
good chance ,
good cheer ,
good hope ,
great expectations ,
grounds ,
guess ,
guesswork ,
hardihood ,
harebrainedness ,
high hopes ,
hint ,
hope ,
hopeful prognosis ,
hopefulness ,
hopes ,
hoping ,
hoping against hope ,
hubris ,
hypothesis ,
idea ,
immodesty ,
impertinence ,
implication ,
implied meaning ,
import ,
imposition ,
impression ,
impudence ,
inference ,
innuendo ,
inquisitiveness ,
insolence ,
intermeddling ,
intimation ,
intrusiveness ,
involvement ,
ironic suggestion ,
judgment ,
lawlessness ,
liability ,
liberties ,
liberty abused ,
license ,
licentiousness ,
lights ,
likelihood ,
likeliness ,
meaning ,
meddlesomeness ,
meddling ,
metaphorical sense ,
mind ,
mystique ,
nerve ,
notion ,
nuance ,
observation ,
obtrusiveness ,
occult meaning ,
odds ,
officiousness ,
opinion ,
outlook ,
overconfidence ,
overtone ,
overweening ,
overweeningness ,
parti pris ,
personal judgment ,
plausibility ,
playing with fire ,
point of view ,
popular belief ,
posit ,
position ,
postulate ,
postulation ,
postulatum ,
posture ,
prayerful hope ,
preapprehension ,
preconception ,
preconclusion ,
preconsideration ,
predecision ,
predetermination ,
predilection ,
predisposition ,
prejudgment ,
prejudication ,
prejudice ,
premature judgment ,
premise ,
premiss ,
prenotion ,
prepossession ,
presumptive evidence ,
presumptuousness ,
presupposal ,
presupposition ,
presurmise ,
prevailing belief ,
pride ,
probabilism ,
probability ,
procacity ,
promise ,
proposition ,
prospect ,
prospects ,
public belief ,
public opinion ,
pushiness ,
reaction ,
reason ,
reasonable ground ,
reasonable hope ,
reliance ,
sanguine expectation ,
security ,
sentiment ,
set of postulates ,
sight ,
stance ,
stand ,
subsense ,
subsidiary sense ,
subsumption ,
suggestion ,
supposal ,
supposing ,
supposition ,
surmise ,
suspicion ,
symbolism ,
temerity ,
tendency ,
theory ,
thesis ,
thinking ,
thought ,
tinge ,
touch ,
trust ,
undercurrent ,
undermeaning ,
undertone ,
undue liberty ,
uppishness ,
uppityness ,
verisimilitude ,
view ,
way of thinking ,
well -
grounded hope ,
working hypothesis 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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