In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial.
There are two types of presumption: rebuttable presumption and conclusive presumption. A rebuttable presumption is assumed true until a person proves otherwise (for example the presumption of innocence). In contrast, a conclusive (or irrebuttable) presumption cannot be refuted in any case (such as defense of infancy in some legal systems).
Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed.
An example of presumption without basic facts is presumption of innocence.An example of presumption with basic facts is Declared death in absentia, e.g., the law says if a person has been missing for seven years or more (basic fact), that person is presumed dead.
able to be sensibly presumed
“Presumably, he will attend the opening.”
In an assumed manner; presumably.