Presumption

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notmartha
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Presumption

Post by notmartha » Mon Nov 16, 2015 12:56 pm

Presumption, the equivalent of pride, is a sin. The humbugs make presumptions unboundedly. What are they, are they rebuttable, and if so, how do we rebut them?

KJV References

Zûwd, Hebrew Strong's Number 2102, is used 10 times in the Old Testament. It is translated as deal proudly (4), presumptuously (3), presume (1), proud (1), sod (1).
Exodus 21:14 - But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die.

Deuteronomy 1:43 - So I spake unto you; and ye would not hear, but rebelled against the commandment of the LORD, and went presumptuously up into the hill.

Deuteronomy 17:12-13 - And the man that will do presumptuously, and will not hearken unto the priest that standeth to minister there before the LORD thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel. And all the people shall hear, and fear, and do no more presumptuously.

Deuteronomy 18:20-22 - But the prophet, which shall presume to speak a word in my name, which I have not commanded him to speak, or that shall speak in the name of other gods, even that prophet shall die. And if thou say in thine heart, How shall we know the word which the LORD hath not spoken? When a prophet speaketh in the name of the LORD, if the thing follow not, nor come to pass, that is the thing which the LORD hath not spoken, but the prophet hath spoken it presumptuously: thou shalt not be afraid of him.
Zēd, Hebrew Strong's Number 2086, is used 13 times in the Old Testament. It is translated as proud (12) and presumptuous (1).
Psalm 19:13 - Keep back thy servant also from presumptuous sins; let them not have dominion over me: then shall I be upright, and I shall be innocent from the great transgression.
Zādôn, Hebrew Strong's Number 2087, is used 11 times in the Old Testament. It is translated as pride (6), presumptuously(2), and proud (3).
Deuteronomy 17:12-13 - And the man that will do presumptuously, and will not hearken unto the priest that standeth to minister there before the LORD thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel. And all the people shall hear, and fear, and do no more presumptuously.

Deuteronomy 18:20-22 - But the prophet, which shall presume to speak a word in my name, which I have not commanded him to speak, or that shall speak in the name of other gods, even that prophet shall die. And if thou say in thine heart, How shall we know the word which the LORD hath not spoken? When a prophet speaketh in the name of the LORD, if the thing follow not, nor come to pass, that is the thing which the LORD hath not spoken, but the prophet hath spoken it presumptuously: thou shalt not be afraid of him.
ʿĀpal, Hebrew Strong's Number 6075, is used 2 times in the Old Testament. It is translated as lifted up (1), and presumed (1).
Numbers 14:44 - But they presumed to go up unto the hill top: nevertheless the ark of the covenant of the LORD, and Moses, departed not out of the camp.
Tolmētēs, Greek Strong's Number 5113, in used 1 time in the New Testament. It is translated as presumptuous.
2 Peter 2:10 - But chiefly them that walk after the flesh in the lust of uncleanness, and despise government. Presumptuous are they, selfwilled, they are not afraid to speak evil of dignities.
Charles James Fox, House of Commons Speech, May 8, 1789
"No human government has a right to enquire into private opinions, to presume that it knows them, or to act on that presumption. Men are the best judges of the consequences of their own opinions, and how far they are likely to influence their actions; and it is most unnatural and tyrannical to say, “as you think, so must you act. I will collect the evidence of your future conduct from what I know to be your opinions.”"

Webster’s Dictionary of the English Language, 1828
PRESU'ME, verb transitive s as z. [Latin proesumo; proe, before, and sumo, to take.] To take or suppose to be true or entitled to belief, without examination or positive proof, or on the strength of probability. We presume that a man is honest, who has not been known to cheat or deceive; but in this we are sometimes mistaken. In many cases, the law presumes full payment where positive evidence of it cannot be produced.
We not only presume it may be so, but we actually find it so.
In cases of implied contracts, the law presumes that a man has covenanted or contracted to do what reason and justice dictate.

PRESU'ME, verb intransitive To venture without positive permission; as, we may presume too far.
1. To form confident or arrogant opinions; with on or upon, before the cause of confidence.
This man presumes upon his parts.
I will not presume so far upon myself.
2. To make confident or arrogant attempts.
In that we presume to see what is meet and convenient, better than God himself.
3. It has on or upon sometimes before the thing supposed.
Luther presumes upon the gift of continency.
It is sometimes followed by of, but improperly.

PRESU'MABLE, adjective s as z. [from presume.] That may be presumed; that may be supposed to be true or entitled to belief, without examination or direct evidence, or on probable evidence.

PRESUMP'TIVE, adjective Taken by previous supposition; grounded on probable evidence.
1. Unreasonably confident; adventuring without reasonable ground to expect success; presumptuous; arrogant.
Presumptive evidence, in law, is that which is derived from circumstances which necessarily or usually attend a fact, as distinct from direct evidence or positive proof.
Presumptive evidence of felony should be cautiously admitted.
Presumptive heir, one who would inherit an estate if the ancestor should die with things in their present state, but whose right of inheritance may be defeated by the birth of a nearer heir before the death of the ancestor. Thus the presumptive succession of a brother or nephew may be destroyed by the birth of a child. presumptive heir is distinguished from heir apparent, whose right of inheritance is indefeasible, provided he outlives the ancestor.

PRESUMP'TION, noun [Latin proesumption.]
1. Supposition of the truth or real existence of something without direct or positive proof of the fact, but grounded on circumstantial or probable evidence which entitles it to belief. presumption in law is of three sorts, violent or strong, probable, and light.
Next to positive proof, circumstantial evidence or the doctrine of presumptions must take place; for when the fact cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances as either necessarily or usually attend such facts. These are called presumptions. Violent presumption is many times equal to full proof.
2. Strong probability; as in the common phrase, the presumption is that an event has taken place, or will take place.
3. Blind or headstrong confidence; unreasonable adventurousness; a venturing to undertake something without reasonable prospect of success, or against the usual probabilities of safety; presumptuousness.
Let my presumption not provoke thy wrath.
I had the presumption to dedicate to you a very unfinished price.
4. Arrogance. He had the presumption to attempt to dictate to the council.
5. Unreasonable confidence in divine favor.
The awe of his majesty will keep us from presumption
Bouvier’s Dictionary of Law, 1856
PRESUMPTION, evidence.
1. An inference as to the existence of one fact, from the existence of some other fact, founded on a previous experience of their connexion. Or it, is an opinion, which circumstances, give rise to, relative to a matter of fact, which they are supposed to attend.
2. To constitute such a presumption, a previous experience of the connexion between the known and inferred facts is essential, of such a nature that as soon as the existence of the one is established, admitted or assumed, an inference as to the existence of the other arises, independently of any reasoning upon the subject. It follows that an inference may be certain or not certain, but merely, probable, and therefore capable of being rebutted by contrary proof.
3. In general a presumption is more or less strong according as the fact presumed is a necessary, usual or infrequent consequence of the fact or facts seen, known, or proven. When the fact inferred is the necessary consequence of the fact or facts known, the presumption amounts to a proof when it is the usual, but not invariable consequence, the presumption is weak; but when it is sometimes, although rarely,the consequence of the fact or facts known, the presumption is of no weight. Menthuel sur les Conventions, tit. 5. See Domat, liv. 9, tit. 6 Dig. de probationibus et praesumptionibus.
4. Presumptions are either legal and artificial, or natural.
5. 1. Legal or artificial presumptions are such as derive from the law a technical or artificial, operation and effect, beyond their mere natural. tendency to produce belief, and operate uniformly, without applying the process of reasoning on which they are founded, to the circumstances of the particular case. For instance, at the expiration of twenty years, without payment of interest on a bond, or other acknowledgment of its existence, satisfaction is to be presumed; but if a single day less than twenty years has elapsed, the presumption of satisfaction from mere lapse of time, does not arise; this is evidently an artificial and arbitrary distinction. 4 Greenl. 270; 10 John. R. 338; 9 Cowen, R. 653; 2 M'Cord, R. 439; 4 Burr. 1963; Lofft, 320; 1 T. R. 271; 6 East, R. 215; 1 Campb. R. 29. An example of another nature is given under this head by the civilians. If a mother and her infant at the breast perish in the same conflagration, the law presumes that the mother survived, and that the infant perished first, on account of its weakness, and on this ground the succession belongs to the heirs of the mother. See Death, 9 to 14.
6. Legal presumptions are of two kinds: first, such as are made by the law itself, or presumptions of mere law; secondly, such as are to be made by a jury, or presumptions of law and fact.
7. 1st. Presumptions of mere law, are either absolute and conclusive; as, for instance, the presumption of law that a bond or other specialty was executed upon a good consideration, cannot be rebutted by evidence, so long as the instrument is not impeached for fraud; 4 Burr. 2225; or they are not absolute, and may be rebutted evidence; for example, the law presumes that a bill of exchange was accepted on a good consideration, but that presumption may be rebutted by proof to the contrary.
8. 2d. Presumptions of law and fact are such artificial presumptions as are recognized aud warranted by the law as the pro er inferences to be made by juries under particular circumstances; for instance, au unqualified refusal to deliver up the goods on demand made by the owner, does not fall within any definition of a conversion, but inasmuch as the detention is attended with all the evils of a conversion to the owner, the law makes it, in its effects and consequences, equivalent to a conversion, by directing or advising the jury to infer a conversion from the facts of demand and refusal.
9. 2. Natural presumptions depend upon their own form and efficacy in generating belief or conviction on the mind, as derived from these connexions which are pointed out by experience; they are wholly independent of any artificial connexions and relations, and differ from mere presumptions of law in this essential respect, that those depend, or rather are a branch of the particular system of jurisprudence to which they belong; but mere natural presumptions are derived wholly by means of the common experience of mankind, from the course of nature and the ordinary habits of society.
Misc. Definitions from Bouvier’s
QUALITY, persons. The state or condition of a person.
3. Every one is presumed to know the quality of the person with whom he is contracting.

READING. The act of making known the contents of a writing or of a printed document.
2. In order to enable a party to a contract or a devisor to know what a paper contains it must be read, either by the party himself or by some other person to him. When a person signs or executes a paper, it will be presumed that it has been read to him, but this presumption may be rebutted.

SOUND MIND.
2. The law presumes that every person who has acquired his full age is of sound mind, and consequently competent to make contracts and perform all his civil duties; and he who asserts to the contrary must prove the affirmation of his position by explicit evidence, and not by conjectural proof.

SUI JURIS. One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like.
2. To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris.

TWENTY YEARS. The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom the presumption has been raised, will be required to prove a negative to establish his rights.
2. After twenty years from the time it became due, a bond will be presumed to have been paid. And the same presumption arises that a judgment has been paid, if no steps have been taken by the plaintiff for twenty years after its rendition.
3. But the presumption of such payment is easily rebutted, by showing that interest has been regularly paid, that the obligor has admitted it has not been paid or other circumstances calculated to rebut the presumption. The proof of facts which show that the obligor was poor and not likely to be able to pay the debt is not sufficient.
4. When a debt is payable in installments and secured by a penal bond, the presumption of payment arising from lapse of time applies to each installment as it falls due.
Black's Law Dictionary, 1st Edition, 1891
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Wex Law Dictionary
Presumption
A legal inference that must be made in light of certain facts. Most presumptions are rebuttable, meaning that they are rejected if proven to be false or at least thrown into sufficient doubt by the evidence. Other presumptions are conclusive, meaning that they must be accepted to be true without any opportunity for rebuttal.
The most famous rebuttable presumption is the presumption of innocence in criminal trials. Criminal defendants are presumed innocent unless they are proven guilty beyond a reasonable doubt. See Criminal Procedure.
Another example is the legal presumption that a child born to a married woman was fathered by her husband. This presumption may be disproven by DNA evidence, witness testimony, or other sources of admissible evidence.
Some presumptions are conclusive. For example, many states conclusively presume that a person under a certain age cannot consent to sexual intercourse.


33 CFR 20.703 - Presumptions.
In each administrative hearing, a presumption -
(a) Imposes on the party against whom it lies the burden of going forward with evidence to rebut or meet the presumption; but
(b) Does not shift the burden of proof in the sense of the risk of non-persuasion.
Miscellaneous Maxims
A deed or bond found with the debtor is presumed to be paid.
A useless clause or disposition is not supported by a remote presumption, or by a cause arising afterwards.

A common error makes law. What was at first illegal, being repeated many times, is presumed to have acquired the force of usage, and then it would be wrong to depart from it. The converse of this maxim is communis error no facit just. A common error does not make law.

The law never suffers anything contrary to truth. But sometimes it allows a conclusive presumption in opposition to truth.

Whoever pays by mistake what he does not owe, may recover it back; but he who pays, knowing he owes nothing; is presumed to give.

A debtor is not presumed to make a gift.

A gift is not presumed.

From length of time, all things are presumed to have been done in due form.

Fraud is odious and not to be presumed.

In doubtful cases there is no presumption in favor of the will.

All things are presumed in odium of a despoiler.

A wrong is not presumed.

In presumption of law, a judgment is given against inclination.

The law presumes that one neighbor knows the actions of another.

Evil is not presumed.

No one is presumed to have preferred another's posterity to his own.

No one is presumed to give.

No man is presumed to be forgetful of his eternal welfare, and particularly at the point of death.

No one is presumed to be bad.

No one is presumed to trifle at the point of death.

No man is presumed to do anything against nature.

When doubts arise the most generous and benign presumptions are to be preferred.

A novation is not presumed.

Impossibilities and dishonesty are not to be presumed.

Nothing unjust is presumed in law.

All things are presumed against a wrong doer.

All things are presumed to be done legitimately, until the contrary is proved.

All things are presumed to be done in due form.

All things are presumed to be done solemnly.

Strong presumption is full proof.

Strong presumption avails in law.

The extremes being proved, the intermediate proceedings are presumed.

Whatever is done in court is presumed to be rightly done.

A quality which ought to form a part, is easily presumed.

He who is once bad, is presumed to be always so in the same degree.

Whatever is once bad, is presumed to be so always in the same degree.

Children are always presumed to be legitimate, for filiation cannot be proved.

Presumption is always in favor of the sentence.

A presumption will stand good until the contrary is proved.

When the law presumes the affirmative, the negative is to be proved.
Further Study:

http://www.freedom-school.com/presumption.pdf

https://adask.wordpress.com/2012/08/25/ ... sumptions/
Last edited by notmartha on Thu Dec 24, 2015 6:51 am, edited 1 time in total.
Reason: added quote
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