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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 hypothesisPRESUMPTION, 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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