A presumption of fact, such as that a person may be presumed to be deceased when

Question

A presumption of fact, such as that a person may be presumed to be deceased when no one has seen him or her for the statutory period, can:

a. not be rebutted because it is one of the few conclusive presumptions that the Supreme Court of the United States has permitted to remain.

b. lead to a rebuttal of the presumption of death when clear proof is introduced to the court that someone saw the supposedly dead individual within the past year.

c. never be of sufficient strength to prove that a human has actually died.

d. be rebutted by proper evidence, but only in civil cases.

Explanation / Answer

The correct answer is Option B. A presumption of fact stated in the case can lead to a rebuttal of the presumption of death when clear proof is introduced to the court that someone saw the supposedly dead individual within the past year.

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