Practice question
A litigant demands priority for an asserted civil presumption, but the basic facts required for that presumption have not been established. Another properly supported presumption is present. Counsel says policy balancing alone supplies the missing foundation. Which is correct?
- The asserted presumption must first be applicable; policy balancing does not prove its missing prerequisites
- A preferred policy automatically proves every missing fact
- Every alleged presumption applies merely when named
- The judge must disregard all actual evidence
- Only the order of the parties’ names matters
Legal references
- AM19-08-15-SC, current Rule130 Section54; Rule131 Sections1–3,5–6; Rule133 Section1: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
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