Literature review

1. Evidence: Presumptions as Evidence--A Reply

Author: George G. Olshausen
The definition that a presumption is a conclusion from judicially noticed circumstantial
evidence includes the basic features common to all presumptions. A few, however, state the
conclusion drawn from the combination of facts judicially noticed, and facts proven. Such are the
presumptions of death from seven years absence,' the presumption of authenticity of ancient
documents, the presumption of survival in a common calamity. The foregoing "rebuttable
presumptions" and legally fixed inferences correspond to the "presumptions of law" of the older
terminology.

2. Presumptions and The Law Of Evidence

Published by: Harvard Law Review

A presumption means a rule of law that courts and judges shall draw a particular
inference from a particular fact or from particular evidence, unless and until the truth of such
inference is disprove. A rule of law that courts and judges shall draw a particular inference. The
rule of presumption is that a person shall, in the absence of evidence to the contrary, be taken to
be dead, when he has been, absent for seven years and not heard from by those who would
naturally have heard, if he had been alive. A rule of law that courts and judges shall draw a
particular inference from a particular fact or from particular evidence unless and until the truth of
such inference is disprove

3. The Effect of Rebuttable Presumptions of Law Upon The Burden of Proof

Published by: The University of Pennsylvania Law Review

The term presumption is used in a variety of senses, but only one form of presumption,
the Rebuttable Presumption of Law is a true rule of evidence and its only effect is to shift the
burden of producing evidence.