thayer presumption

Thayer presumption. A presumption that allows the party against whom the presumption operates to come forward with evidence to rebut the presumption, but that does not shift the burden of proof to that party. See James B. Thayer, A Preliminary Treatise on Evidence 31–44 (1898). • Most presumptions that arise in civil trials in federal court are interpreted in this way. Fed. R. Evid. 301. Cf. MORGAN PRESUMPTION. [Cases: Criminal Law 324; Evidence 85, 89. C.J.S. Criminal Law § 695; Evidence §§ 131, 135, 152–156, 160.]

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词条贡献者

资深译员王漾，毕业于一所培养高级翻译以及跨文化事务专家的精英大学，专注翻译各种与税收策略及补贴有关的法律文件。