• 2008 - Presumption
  • C-80.60
    • Evidence
    • Evidence
    • Inference
    • Negligence
    • Presumptions
  • Before a presumption can be assumed to exist, you must determine whether [name of party proposing the presumption] has proven the facts giving rise to the presumption by the greater weight of evidence. The facts necessary to establish the existence of the presumption being asserted are as follows: [insert fact that needs to be proven]]. [(For a conclusive presumption, see N.D.C.C. § 31-11-02) [If these facts have been established by a greater weight of the evidence, this presumption is assumed to be true by law. Since this presumption cannot be disputed, you must assume it to be true.]] [(For a disputable presumption, see N.D.C.C. §31-11-03) [If these facts have been established by a greater weight of the evidence, this presumption is assumed to be true by law, unless [the party opposing the presumption] can establish by the greater weight of evidence that it is not true.]
    • 31-11-03
    • 31-11-03
    • Dick v. New York Life Ins., Co., 359 US 444, 29 SCt 921, 925, 3 LEd 2d 935 (1959)
    • Fancher v. North Dakota Workmen's Comp. Bureau, 123 NW2d 105 (ND 1963)
    • Western Tire, Inc. v. Skrede, 307 NW2d 558 (ND 1981)
  • Notes: A presumption may be conclusive or disputable. For criminal cases, see NDREv 303, NDCC 12.1-01-03, and NDJI K-5.08, Presumption.