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

译者Anne，毕业于亚洲顶尖的高级翻译学院，擅长翻译各种与投资顾问法联邦及地方注册相关的法律文件。