Articles Tagged with A CRITICAL ANALYSIS OF PRESUMPTIONS IN RELATION TO THE LAW OF EVIDENCE

A CRITICAL ANALYSIS OF PRESUMPTIONS IN RELATION TO THE LAW OF EVIDENCE

ABSTRACT

Presumption either of law or of fact, is an independent piece of evidence which may or must be drawn from a given sets of facts until the contrary is proved. In general sense, it has cut a niche for itself as it maybe employed in both Civil and Criminal cases. This study will therefore examine the various incidences where presumptions must or may be made before there can be a conviction and how they have been affected by various judicial and statutory authorities.

The essay would also analyse various decisions of the court on different issues arising from both presumptions of law and presumptions of facts and their legal effects. The essay posits that, presumption is popular and incontrovertible under virtually all legal systems and that under the Nigerian legal system, the popularity and controvertibility of presumption did not abase. This is established owing to the influence and interpretation of the provisions of the Evidence Act and the Criminal and Penal Codes (on presumptions) by the judges.

A conclusion made as to the existence or non-existence of a fact that must be drawn from other evidence that is admitted and proven to be true. If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical conclusion from the proof that has been introduced. A presumption differs from an inference, which is a conclusion that a judge or jury may draw from the proof of certain facts if such facts would lead a reasonable person of average intelligence to reach the same conclusion.

Conclusive presumption is one in which the proof of certain facts makes the existence of the assumed fact beyond dispute. The presumption cannot be rebutted or contradicted by evidence to the contrary. For example, a child younger than seven is presumed to be incapable of committing a felony. There are very few conclusive presumptions because they are considered to be a substantive rule of law, as opposed to a rule of evidence.

The essay also focuses on the desirability of presumptions as a requirement in certain criminal and civil cases under the Nigerian Law of Evidence. Finally the analysis of the long essay examined the role of the court, and the juris prudential basis of the various statutory provisions in respect of presumptions in the Law of Evidence in Nigeria and in some other jurisdictions.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF STUDY

1.3.0: FOCUS OF STUDY

1.4.0: SCOPE OF THE STUDY

1.5.0. METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: CONCLUSION

CHAPTER 2

MEANING AND NATURE OF PRESUMPTIONS

2.0.0: INTRODUCTION

2.1.0: DEFINITION OF PRESUMPTION

2.2.0: NATURE OF PRESUMPTION

2.3.0: GENERAL CLASSIFICATION OF PRESUMPTION

2.3.1: REBUTTABLE PRESUMPTIONS

2.3.2: IRREBUTTABLE PRESUMPTIONS

2.4.0: FACTS PRESUMED NEED NO PROOF

2.5.0: CONCLUSION

CHAPTER 3

CLASSIFICATION OF PRESUMPTIONS

3.0.0: INTRODUCTION

3.1.0: PRESUMPTION OF LAW

3.1.1: PRESUMPTION OF MARRIAGE

3.1.2: PRESUMPTION OF LEGITIMACY

3.1.3: PRESUMPTION OF DEATH

3.1.4: PRESUMPTION OF NEGLIGENCE

3.1.5: PRESUMPTION OF REGULARITY

3.1.6: PRESUMPTION OF UNDUE INFLUENCE

3.2.0: CONCLUSION

CHAPTER 4

PRESUMPTIONS OF FACT

4.0.0: INTRODUCTION

4.1.0: PRESUMPTION OF INNOCENCE

4.1.1: PRESUMPTION OF GUILTY KNOWLEDGE

4.1.2: PRESUMPTION OF CONTINUANCE

4.1.3: PRESUMPTION OF COURSE OF BUSINESS

4.1.4: PRESUMPTION OF DOCUMENT CREATING OBLIGATION

4.2.0: PRESUMPTIONS UNDER THE COMMON LAW

4.3.0: A PERSON INTENDS THE NATURAL CONSEQUENCES OF HIS ACTIONS

4.4.0: PRESUMPTION UNDER THE DOCTRINE OF RESIPSA LOQUITO

4.5.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

BIBLIOGRAPHY

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A CRITICAL ANALYSIS OF PRESUMPTIONS IN RELATION TO THE LAW OF EVIDENCE

ABSTRACT

Presumption either of law or of fact, is an independent piece of evidence which may or must be drawn from a given sets of facts until the contrary is proved. In general sense, it has cut a niche for itself as it maybe employed in both Civil and Criminal cases. This study will therefore examine the various incidences where presumptions must or may be made before there can be a conviction and how they have been affected by various judicial and statutory authorities.

The essay would also analyse various decisions of the court on different issues arising from both presumptions of law and presumptions of facts and their legal effects. The essay posits that, presumption is popular and incontrovertible under virtually all legal systems and that under the Nigerian legal system, the popularity and controvertibility of presumption did not abase. This is established owing to the influence and interpretation of the provisions of the Evidence Act and the Criminal and Penal Codes (on presumptions) by the judges.

A conclusion made as to the existence or non-existence of a fact that must be drawn from other evidence that is admitted and proven to be true. If certain facts are established, a judge or jury must assume another fact that the law recognizes as a logical conclusion from the proof that has been introduced. A presumption differs from an inference, which is a conclusion that a judge or jury may draw from the proof of certain facts if such facts would lead a reasonable person of average intelligence to reach the same conclusion.

Conclusive presumption is one in which the proof of certain facts makes the existence of the assumed fact beyond dispute. The presumption cannot be rebutted or contradicted by evidence to the contrary. For example, a child younger than seven is presumed to be incapable of committing a felony. There are very few conclusive presumptions because they are considered to be a substantive rule of law, as opposed to a rule of evidence.

The essay also focuses on the desirability of presumptions as a requirement in certain criminal and civil cases under the Nigerian Law of Evidence. Finally the analysis of the long essay examined the role of the court, and the juris prudential basis of the various statutory provisions in respect of presumptions in the Law of Evidence in Nigeria and in some other jurisdictions.

TABLE OF CONTENTS

ABSTRACT

TABLE OF CONTENTS

TABLE OF CASES

TABLE OF STATUTES

LIST OF ABBREVIATIONS

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

1.1.0: BACKGROUND TO THE STUDY

1.2.0: OBJECTIVES OF STUDY

1.3.0: FOCUS OF STUDY

1.4.0: SCOPE OF THE STUDY

1.5.0. METHODOLOGY

1.6.0: LITERATURE REVIEW

1.7.0: CONCLUSION

CHAPTER 2

MEANING AND NATURE OF PRESUMPTIONS

2.0.0: INTRODUCTION

2.1.0: DEFINITION OF PRESUMPTION

2.2.0: NATURE OF PRESUMPTION

2.3.0: GENERAL CLASSIFICATION OF PRESUMPTION

2.3.1: REBUTTABLE PRESUMPTIONS

2.3.2: IRREBUTTABLE PRESUMPTIONS

2.4.0: FACTS PRESUMED NEED NO PROOF

2.5.0: CONCLUSION

CHAPTER 3

CLASSIFICATION OF PRESUMPTIONS

3.0.0: INTRODUCTION

3.1.0: PRESUMPTION OF LAW

3.1.1: PRESUMPTION OF MARRIAGE

3.1.2: PRESUMPTION OF LEGITIMACY

3.1.3: PRESUMPTION OF DEATH

3.1.4: PRESUMPTION OF NEGLIGENCE

3.1.5: PRESUMPTION OF REGULARITY

3.1.6: PRESUMPTION OF UNDUE INFLUENCE

3.2.0: CONCLUSION

CHAPTER 4

PRESUMPTIONS OF FACT

4.0.0: INTRODUCTION

4.1.0: PRESUMPTION OF INNOCENCE

4.1.1: PRESUMPTION OF GUILTY KNOWLEDGE

4.1.2: PRESUMPTION OF CONTINUANCE

4.1.3: PRESUMPTION OF COURSE OF BUSINESS

4.1.4: PRESUMPTION OF DOCUMENT CREATING OBLIGATION

4.2.0: PRESUMPTIONS UNDER THE COMMON LAW

4.3.0: A PERSON INTENDS THE NATURAL CONSEQUENCES OF HIS ACTIONS

4.4.0: PRESUMPTION UNDER THE DOCTRINE OF RESIPSA LOQUITO

4.5.0: CONCLUSION

CHAPTER 5

GENERAL CONCLUSION

5.0.0: CONCLUSION

5.1.0: RECOMMENDATION

BIBLIOGRAPHY

ARTICLES ON THE INTERNET

HOW TO GET THE FULL PROJECT WORK

PLEASE, print the following instructions and information if you will like to order/buy our complete written material(s).

HOW TO RECEIVE PROJECT MATERIAL(S)
After paying the appropriate amount into our bank Account below, send the following information to
08140350866 or 08058580848

(1) Your project topics
(2) Email Address
(3) Payment Name
(4) Teller Number
We will send your material(s) immediately we receive bank alert

BANK ACCOUNTS
Account Name: AKINYEMI OLUWATOSIN
Account Number: 3022179389
Bank: FIRST BANK.

OR
Account Name: AKINYEMI OLUWATOSIN
Account Number: 2060566256
Bank: UBA.

OR
Account Name: AKINYEMI OLUWATOSIN
Account Number: 0042695344
Bank: Diamond

HOW TO IDENTIFY SCAM/FRAUD
As a result of fraud in Nigeria, people don’t believe there are good online businesses in Nigeria.

But on this site, we have provided “table of content and chapter one” of all our project topics and materials in order to convince you that we have the complete materials.

Secondly, we have provided our Bank Account on this site. Our Bank Account contains all information about the owner of this website. For your own security, all payment should be made in the bank.

No Fraudulent company uses Bank Account as a means of payment, because Bank Account contains the overall information of the owner

CAUTION/WARNING
Please, DO NOT COPY any of our materials on this website WORD-TO-WORD. These materials are to assist, direct you during your project. Study the materials carefully and use the information in them to develop your own new copy. Copying these materials word-to-word is CHEATING/ ILLEGAL because it affects Educational standard, and we will not be held responsible for it. If you must copy word-to-word please do not order/buy.

That you ordered this material shows you have agreed not to copy word-to-word.

FOR MORE INFORMATION, CALL:
08058580848, 08140350866

YOU CAN ALSO VISIT:
YOU CAN ALSO VISIT:

www.greatmindsprojectmaterials.com
www.greatmindsprojectsolution.com
www.achieversprojectmaterials.com
www.naijasplash.com
www.achieversprojectmaterials.blogspot.com
www.achieverprojectmaterial.blogspot.com
www.acheiversprojectmaterials.blogspot.com
www.archieverprojectmaterials.blogspot.com
www.acheiversprojectmaterials.blogspot.com.ng
www.archieverprojectmaterials.blogspot.com.ng
www.achieversprojectmaterials.blogspot.com.ng
www.achieverprojectmaterial.blogspot.com.ng
www.achieverprojectmaterial.wordpress.com
www.achieversprojectmaterials.wordpress.com
www.acheiversprojectmaterials.wordpress.com
www.archieverprojectmaterials.wordpress.com