Conclusive presumption


Also found in: Wikipedia.
(Law) an inference which the law makes so peremptorily that it will not allow it to be overthrown by any contrary proof, however strong.
See under Conclusive.

See also: Conclusive, Presumption

References in periodicals archive ?
The statute requires that a lis pendens be recorded before the expiration of the redemption period to avoid the conclusive presumption defense provided to servicers.
Conclusive presumption of ability to repay for Qualified Mortgages that are not higher-priced
KEY WORDS: right to jury fact finding, per se criminal jury instructions, conclusive presumption jury instructions, naked agreement fact issues, indictment pleading, legal v.
The FDIC has provided little explanation of the rationale behind the conclusive presumption of causation.
official created a conclusive presumption of validity, beyond reproach
Walsh's "displacement and fall back law" proposal is actually just a conclusive presumption of severability in the absence of a fallback law.
The SEC alleges that from 1997 through 2005, JPMS's fraudulent practices, misrepresentations and omissions undermined the competitive bidding process, affected the prices that municipalities paid for reinvestment products, and deprived certain municipalities of a conclusive presumption that the reinvestment instruments had been purchased at fair market value.
The idea behind this provision was to establish a conclusive presumption in favour of the legitimacy of a child to not subject him or her to the stigma of being a bastard.
Under a "true" common disaster clause, when the beneficiary and the insured die as a result of a common disaster there is a conclusive presumption that the insured was the last to die, despite the fact that the beneficiary might survive the insured by days, or even months.
seen by the examiner could trigger a conclusive presumption, and so
A conclusive presumption is one that cannot be rebutted.
The mandatory burden-of-pleading-shifting presumption (if the party proves A, then the factfinder must find B, unless the opposing party claims B is not true), mandatory burden-of-production-shifting presumption (if the party proves A, then the factfinder must find B, unless the opposing party introduces evidence sufficient to prove B is not true), mandatory burden-of-persuasion-shifting presumption (if the party proves A, then the factfinder must find B, unless the opposing party persuades the factfinder that B is not true), and conclusive presumption (if the party proves A, then the factfinder must find B) are all too strong in the other direction.