REBUTTABLE PRESUMPTIONS (AFFECTING THE B.O.P.E.) Flashcards
§ 630 - Presumptions Affecting the Burden of Producing Evidence
What authority establishes which presumptions are rebuttable?
The presumptions established by this article and all others established by law that fall within the criteria of Section 603 are rebuttable presumptions affecting the burden of producing evidence.
§ 631 - Money Delivered by One to Another
Money delivered by one to another is presumed to have been due to the latter.
§ 632 - Things Delivered by One to Another
A thing delivered by one to another is presumed to have belonged to the latter.
§ 633 - Obligation Delivered Up to the Debtor
An obligation delivered up to the debtor is presumed to have been paid.
§ 634 - Person in Possession of an Order (i.e., Receipt)
A person in possession of an order for the payment of money, or delivery of a thing, is presumed to have paid the money or delivered the thing accordingly.
§ 635 -Obligation Possessed by Creditor
An obligation possessed by the creditor is presumed not to have been paid.
§ 636 - Payment of Earlier Rent or Installments
The payment of earlier rent or installments is presumed from a receipt for later rent or installments.
§ 634 - Ownership of Things Possessed
The things which a person possesses are presumed to be owned by him.
§ 638 - Property Ownership Acts
A person who exercises acts of ownership over property is presumed to be the owner of it.
§ 639 - Judgment Determines Rights of Parties
A judgment, when not conclusive, is presumed to correctly determine or set forth the rights of the parties, but there is no presumption that the facts essential to the judgment have been correctly determined.
§ 640 - Writing Truly Dated
A writing is presumed to have been truly dated.
§ 641 - Letter Received by Mail
A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.
§ 642 - Real Property Conveyance
A trustee or other person, whose duty it was to convey real property to a particular person, is presumed to have actually conveyed to him when such presumption is necessary to perfect title of such person or his successor in interest.
§ 643 - Authenticity of Ancient Document
A deed or will or other writing purporting to create, terminate, or affect an interest in real or personal property is presumed to be authentic if it:
(a) Is at least 30 years old;
(b) Is in such condition as to create no suspicion concerning its authenticity;
(c) Was kept, or if found was found, in a place where such writing, if authentic, would be likely to be kept or found; and
(d) Has been generally acted upon as authentic by persons having an interest in the matter.
§ 644 - Books Published by Public Authority
A book, purporting to be printed or published by public authority, is presumed to have been so printed or published.
