Presumptive evidence

Definitions

  • Webster's Revised Unabridged Dictionary
    • Presumptive evidence (Law) that which is derived from circumstances which necessarily or usually attend a fact, as distinct from direct evidence or positive proof; indirect or circumstantial evidence. “Presumptive evidence of felony should be cautiously admitted.” Blackstone. The distinction, however, between direct and presumptive (or circumstantial) evidence is now generally abandoned; all evidence being now more or less direct and more or less presumptive.
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Chambers's Twentieth Century Dictionary
    • Presumptive evidence evidence for a fact derived from other facts having some connection with it: indirect evidence
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Etymology

Chambers's Twentieth Century Dictionary
Fr. présumer—L. præsumĕrepræ, before, sumĕre, to take—sub, under, emĕre, to buy.

Usage

In literature:

There is strong presumptive evidence that they know him for an outlaw only too well.
"Our Bird Comrades" by Leander S. (Leander Sylvester) Keyser
The evidence in this case, he contended, afforded not only no proof, but no presumption that he published the libel.
"The Trial of Reuben Crandall, M.D. Charged with Publishing and Circulating Seditious and Incendiary Papers, &c. in the District of Columbia, with the Intent of Exciting Servile Insurrection." by Unknown
Strong presumptive evidence leads me to believe that he did not: in some instances he could not.
"Notes and Queries, Number 82, May 24, 1851" by Various
The associated cerebral and nervous symptoms also are only presumptive evidence of fracture of the bone.
"Manual of Surgery Volume Second: Extremities--Head--Neck. Sixth Edition." by Alexander Miles
In England, however, they would probably have escaped, as the evidence was chiefly presumptive.
"Before and after Waterloo" by Edward Stanley
This is an inference partly from the presumptions of the case, and partly from internal evidence.
"The Ethnology of the British Islands" by Robert Gordon Latham
On the contrary, wealth is often the presumptive evidence of dishonesty; and poverty the negative evidence of innocence.
"The Writings Of Thomas Paine, Volume III. 1791-1804" by Thomas Paine
The healthy and active appearance of the men was the best presumptive evidence of the excellence of their regime.
"Blackwood's Edinburgh Magazine, Volume 61, No. 377, March 1847" by Various
Therefore the possession of skill has come to be considered presumptive evidence of a want of general information.
"The Intellectual Life" by =Philip Gilbert Hamerton
There is presumptive evidence that this chair was made in Bombay after European design.
"Chats on Old Furniture" by Arthur Hayden
No sufficient evidence has been presented to overthrow this presumption.
"Readings in Money and Banking" by Chester Arthur Phillips
Community of language is no proof of unity of race, is not even presumptive evidence of racial identity.
"Aphorisms and Reflections from the works of T. H. Huxley" by Thomas Henry Huxley
The poor men were thus brought to the gallows on their own evidence, and presumption of guilt.
"Amusing Prose Chap Books" by Various
While there is no direct evidence on the point, the presumption is in favour of the former.
"De Re Metallica" by Georgius Agricola
Then I should say that that's presumptive evidence that he's not bad looking.
"A Duel" by Richard Marsh
Community of language is no proof of unity of race, is not even presumptive evidence of racial identity.
"Aphorisms and Reflections from the Works of T. H. Huxley" by T. H. Huxley
There is strong presumptive evidence that the American family is an offshoot from this.
"Sketches of Successful New Hampshire Men" by Various
Occasionally the surveys take us behind this presumptive evidence and enable us to trace the building up of large farms out of small holdings.
"The Agrarian Problem in the Sixteenth Century" by Richard Henry Tawney
Presumption was against him, but the evidence was rather in his favour.
"The Brownie of Bodsbeck, and Other Tales (Vol. 1 of 2)" by James Hogg
Some may regard it as on evidence of presumption to undertake it.
"The Catholic World. Volume III; Numbers 1, 2, 3, 4, 5, 6." by E. Rameur
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In news:

Count II plaintiff's "good faith" breach of employment contract claim was dismissed as she presented no evidence overcoming the presumption of " at will " employment.
A higher standard of evidence does not apply to the employer where the claimant fails to present additional evidence or arguments to support the "firefighter's presumption " that his injury was work-related.
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