Talk:Conclusive presumption

Category:English law
I think this article may be miscategorized. Aren't there also irrebuttable presumptions in the U.S. and other jurisdictions? — MSchmahl… 17:11, 12 April 2006 (UTC)


 * I have no idea! None of the examples pertain to the law of any jurisdiction other than that of England. Can you give some examples under US state or federal law, or the law of any other jurisdictions? -- ALoan (Talk) 18:51, 12 April 2006 (UTC)

Yes, it is not limited to England or English-influenced legal systems.--Jon Roland 03:33, 14 March 2007 (UTC)

Proposal: Consolidate with other articles
This article should at least be consolidated with Rebuttable presumption, presumption of innocence, and Presumption of fact, for a new Presumption (law) article that can also explore the full range of kinds of presumption, such as presumption of constitutionality or unconstitutionality, presumption of nonauthority, etc.--Jon Roland 03:33, 14 March 2007 (UTC)

This is rubbish
There isn't any such thing as a conclusive presumption. A presumption by definition can be rebutted. When you presume something, you are open to evidence as to the existence of a contrary conclusion. In contrast, the 'presumptions' referred to on this page are in fact rules of law, where the result is deemed to be the case. Arpitt (talk) 14:40, 29 January 2009 (UTC)

Actually, a conclusive presumption is an example of a legal fiction. It may well be a stupid idea, but the use of this 'device' by Parliament and the courts is a fact. James500 (talk) 11:48, 4 February 2009 (UTC)

Doli incapax: Northern Ireland
In Northern Ireland, the rebuttable presumption that a child is doli incapax was abolished by article 3 of the the Criminal Justice (Northern Ireland) Order 1998 (No. 2839 (N.I. 20)). (I mention this since doli incapax links here. James500 (talk) 11:33, 4 February 2009 (UTC)

Presumption of sexual incapacity - Northern Ireland
Again, the presumption that a boy under the age of 14 years is incapable of sexual intercourse was abolished for Northern Ireland by section 23 of the Criminal Justice (Northern Ireland) Order 2003 (No. 1247 (N.I. 13)).