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.]
