rebuttable presumption

USAGE SUMMARY

"rebuttable presumption" is correct and usable in written English. You can use it in legal contexts where a presumption can be challenged or disproven. For example, "The court established a rebuttable presumption of negligence in the case." Alternative expressions include "presumption of innocence" and "presumptive evidence."

✓ Grammatically correct

Academia

News & Media

Human-verified examples from authoritative sources

Exact Expressions

60 human-written examples

28 CFR § 80.10 - Rebuttable presumption.

Cornell University

§ 279.44 Rebuttable presumption for used oil.

Cornell University

§ 279.53 Rebuttable presumption for used oil.

Cornell University

Third, the amendment calls for a legal device called "rebuttable presumption".

The New York Times

Arizona also argues that the rebuttable presumption for federal determinations actually parallels IRCA's intentions.

Cornell University

In short, under the Philadelphia Bank test, the percentage figures create a rebuttable presumption of illegality.

Cornell University

Tangibility then constitutes a rebuttable presumption that intangible items are services while tangible items constitute goods.

Columbia University

There is a rebuttable presumption that all of such a child's income is available to or for the surviving spouse.

Cornell University

Thus, Arizona argues that the rebuttable presumption merely parallels IRCA's requirements, and does not conflict with them.

Cornell University

It shifted the way we thought about the relationship between government action and economic growth, making less means more the rebuttable presumption of policy proposals.

The New York Times

In South Africa there is a rebuttable presumption that a child between the ages of 10 and 14 lacks criminal capacity.

The Guardian - Opinion

Expert writing Tips

Best practice

When using "rebuttable presumption", clearly state the basis upon which the presumption can be challenged or overturned. This provides context and strengthens the argument.

Common error

Avoid treating a "rebuttable presumption" as an irrefutable fact. Always acknowledge the possibility of presenting evidence to the contrary.

Linguistic Context

The phrase "rebuttable presumption" functions as a noun phrase that typically acts as a subject or object within a sentence, particularly in legal and academic writing. As Ludwig AI points out, it describes a presumption that can be challenged or disproven.

Expression frequency: Very common

Frequent in

Academia

50%

News & Media

33%

Science

17%

Less common in

Formal & Business

0%

Encyclopedias

0%

Wiki

0%

Ludwig's WRAP-UP

In summary, "rebuttable presumption" is a common and grammatically correct phrase used primarily in legal and academic contexts. As Ludwig AI confirms, it signifies a presumption that can be challenged and overturned with sufficient evidence. It is important to acknowledge that is not an absolute fact. Related phrases include "challengeable assumption" and "defeasible presumption". The phrase appears most frequently in academic and news sources, reflecting its role in scholarly discussions and legal reporting.

More alternative expressions

Phrases that express similar concepts, ordered by semantic similarity:

presumption subject to rebuttal

Rephrases the concept to explicitly state the condition of being rebuttable.

refutable presumption

Focuses on the possibility of refuting the presumption.

defeasible presumption

Uses a more formal term indicating the presumption can be defeated.

contestable presumption

Emphasizes that the presumption can be contested.

challengeable assumption

Emphasizes the ability to contest the assumption.

disprovable presumption

Highlights the potential to disprove the presumption.

presumption open to challenge

Highlights the openness of the presumption to challenges.

overcomable presumption

Highlights the potential to overcome the initial presumption with evidence.

presumption that can be overturned

Focuses on the action of overturning the presumption.

invalidatable presumption

Stresses that the presumption's validity can be challenged.

FAQs

How is "rebuttable presumption" used in legal contexts?

In law, "rebuttable presumption" is used to establish a fact as true unless disproven by evidence. It shifts the burden of proof to the opposing party. For example, in many jurisdictions, there's a rebuttable presumption that a person is competent to make a will.

What is the difference between "rebuttable presumption" and "irrebuttable presumption"?

A "rebuttable presumption" can be challenged with evidence, while an "irrebuttable presumption" (also known as a conclusive presumption) is considered absolute and cannot be disproven, regardless of evidence presented.

What are some synonyms for "rebuttable presumption"?

Synonyms include "challengeable assumption", "overcomable presumption", or "presumption subject to rebuttal". The best choice depends on the specific context.

How can a "rebuttable presumption" be overcome?

A "rebuttable presumption" can be overcome by presenting sufficient evidence to the contrary. The standard of evidence required depends on the specific jurisdiction and type of presumption, but generally requires a preponderance of the evidence.