A Preliminary Treatise On Evidence At the Common Law volume 2

Cover A Preliminary Treatise On Evidence At the Common Law volume 2
A Preliminary Treatise On Evidence At the Common Law volume 2
James Bradley Thayer
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(ieorgn r. Josson, sn/)!-/!, . '521.
2 See Lord Blackburn's intimations as to a needless tecluiicality in PRESUMPTIONS. 335 IV. I have been speaking of rules relating to specific facts or groups of facts. But sometimes the suppositions of fact or the situation dealt with are not referable to any one branch of the law, but spread through several or through all of them. Then you have a general principle or maxim of legal reasoning. There are many of these, which pass current under the name of pre
...sumptions, — maxims, ground rules, constantly to be remembered and applied in legal discussion; such as those, familiar precepts that omnia proBsumuntur rite esse acta, prohatis extremis pr'ce- sumuntur media, and the like. Of this nature also is the assumption of the existence of the usual qualities of human beings, such as sanity, and their regular and proper con- duct, their honesty and conformity to duty.^ Often these maxims and ground principles get expressed in this form of a presumption perversely and inaccurately, as when the rule that ignorance of the law excuses no one, is put in the form that every one is presumed to know the law ; ^ and when the doctrine that every one is chargeable with the natural consequences of his conduct, is expressed in the form that every one is presumed to intend these consequences;^ and when the rule that he who holds the affirmative must make out his case, is ^ put in the form of prcBsumitur 2)^'o negante.

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