presumption of law

This is a presumption of law.

In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary.

As a general rule, the defendant has the favorable presumption of law, which means that the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner's case (can.

evidence and procedure save that, under Article 14, the Applicable Law applies to the extent that it contains, in the law of contract, rules which raise presumptions of law or determine the burden of proof.

All restrictions upon human liberty, all claims for special privileges, are to be regarded as having the presumption of law against them, and as standing upon their defense, and can be sustained, if at all by valid legislation, only by the clear expression or clear implication of the law."

In an 1841 state Supreme Court case (Bailey v. Cromwell), Lincoln successfully prevented the sale of a woman who was alleged to be a slave, making the argument that in the State of Illinois "the presumption of law was ... that every person was free, without regard to color."