Presumptions are important in the field of law.
Presumption is a notion that comes from the Latin praesumptĭo . This Latin word is the result of the sum of three perfectly identifiable components:
- The prefix pre- , which means “before” .
- The verb sumere , which is equivalent to “take something for oneself.”
- The suffix -ction , which is used to indicate “action and effect” .
It's about the process and result of showing off . This verb, for its part, refers to making a guess or judgment based on certain signs. For example: “The lawyer defending the suspect recalled the presumption of innocence that all citizens should enjoy,” “I have the presumption that Carlos will not call this afternoon,” “It's not a presumption, I'm simply saying that I don't think you'll like it. ” "Aunt Lola's gift."
Presumptions in law
Within the scope of law , presumptions imply the recognition of a situation or an action as a legal truth until the contrary is reliably demonstrated . It is understood, therefore, that a fact is proven thanks to the existing assumptions.
Presumptions provide benefits for subjects who find themselves in a defensive situation . Those who accuse must be responsible for destroying these presumptions based on evidence . Otherwise, the presumptions will be taken as legal truths.
The entire set of presumptions that take place within the branch of law are divided into two large groups: legal and judicial . The difference between the two is that the former are the result of what is established by law and the latter are determined by the deductions that a judge has made.
Theology also turns to the idea of presumption.
Types of deductions
In addition to all that, we find specific types of deductions, such as these:
- Jurist et de jure presumptions, which are those that do not admit any type of evidence to the contrary.
- Presumptions iruis tantum , which do accept evidence to the contrary.
It is also important to take into account other aspects related to presumptions. In this case, we can say that there are a series of requirements to be able to accept judicial presumptions. Specifically, among those the following stand out:
- A single clue is not enough, there must be several.
- There must be reasoning on which the relevant conviction is based through indirect class evidence.
- In the same way, we must not overlook the fact that we must be aware that when there is reasonable and alternative evidence from the defendant, it is responsible for destroying what is called circumstantial evidence.
Examples of presumptions
An example of presumption occurs when a person is accused of robbery . The man in question will be presumed innocent until the prosecution is able to demonstrate, with concrete and irrefutable evidence, that the individual is guilty. Only at this moment will the presumption cease to have effect and, when issuing his verdict, the judge will declare that the subject is guilty .
The conviction that a human being is saved by his actions and not by divine grace is also known as presumption within the theology of Catholicism.