Question

Rule of law based on inference drawn from evidence and fact until it is disproved.

• A. Delegated Legislation
• B. Fictio juris
• C. Factum valet
• D. Legal presumptions

Hint:

Presumptions are categorized into: 1. May presume (rebuttable presumption of fact) 2. Shall presume (rebuttable presumption of law) 3. Conclusive proof (irrebuttable presumption of law).

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the rule of law that allows a court to draw an inference from evidence and facts until that inference is disproved.

Step 2: Key Concepts and Approach:
We must look at the rules of evidence and find the mechanism that shifts the burden of proof by establishing a temporary assumption of fact.

Step 3: Detailed Explanation:

• Legal Presumptions: A presumption is an inference of fact drawn by the court from a known set of facts.

• Rebuttable Presumptions: Most legal presumptions are rebuttable (praesumptiones iuris tantum), meaning they stand as true unless and until the opposing party presents evidence to disprove them.

• Burden of Proof: They serve an important procedural role by shifting the burden of proof to the other party.

• Factum Valet: This is a different canon of interpretation meaning "what is done cannot be undone," which does not relate to evidentiary inferences.

Step 4: Final Answer:
An inference drawn from facts until disproved is called a legal presumption. Hence, Option D is correct.