(1) For the purposes of this chapter, a “presumption” is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established.
(2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.
(3) Nothing in this chapter shall prevent the drawing of an inference that is appropriate.
(4) The term “presumption” does not include the presumption of innocence in a criminal case.
Presumptions vs. Inferences: This statute defines the key legal concepts of "presumption" and "inference" for the purposes of the evidence code.
What is a Presumption?
A presumption is a legal shortcut. It's a rule that says when a basic fact (Fact A) is proven, a judge or jury **must assume** that another fact (Fact B) is also true, unless the opposing party can produce evidence to challenge it. Most presumptions are "rebuttable," meaning they can be challenged.
Example: If a party proves that a letter was properly addressed, stamped, and mailed (Fact A), the law presumes it was received by the addressee (Fact B).
What is an Inference?
An inference is a logical deduction that a jury **may** make from the evidence, but is not required to. It is a conclusion that "stands to reason" but is not legally mandatory.
Example: If a witness testifies that they saw a person running away from a building right after hearing a gunshot, the jury may infer that the person was involved in the shooting, but the law does not require them to do so.
