Canon | Text |
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Processes » The Contentious Trial » The Ordinary Contentious Trial » Proofs » Presumptions | |
Canon 1584. | A presumption is a probable conjecture about something which is uncertain. Presumptions of law are those stated in the law; human presumptions are those made by a judge. |
Canon 1585. | A person with a presumption of law in his or her favour is freed from the onus of proof, which then falls on the other party. |
Canon 1586. | The judge is not to make presumptions which are not stated in the law, other than on the basis of a certain and determinate fact directly connected to the matter in dispute. |
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