Presumption of Law and Fact

Courts speak of "presumptions of law" and of "presumptions of fact." It is the purpose of this article to analyze these terms and to set forth their function and effect in the trial of a lawsuit. A presumption of law has been defined as a deduction which the law expressly directs to be made from particular facts. In actuality it is a rule of law which declares that one fact is presumed to exist if another fact or set of facts is proved. A presumption of fact has been described as the process of ascertaining one fact from the existence of another without the aid of any rule of law. The term is used to denote the reasoning or fact finding process of the triers of the facts and as such it is a logical and not a legal deduction of one fact from another. 

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