Disputable Presumptions in Nevada Law

 •  0  •  61 views

By

The following disputable presumptions are available in Nevada court proceedings:

  1. That an unlawful act was done with an unlawful intent.
  2. That a person intends the ordinary consequences of that person’s voluntary act.
  3. That evidence willfully suppressed would be adverse if produced.
  4. That higher evidence would be adverse from inferior being produced.
  5. That money paid by one to another was due to the latter.
  6. That a thing delivered by one to another belonged to the latter.
  7. That things which a person possesses are owned by that person.
  8. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of that ownership.
  9. That official duty has been regularly performed.
  10. That a court or judge, acting as such, whether in this State or any other state or country, was acting in the lawful exercise of the court’s or judge’s jurisdiction.
  11. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
  12. That a writing is truly dated.
  13. That a letter duly directed and mailed was received in the regular course of the mail.
  14. That a person not heard from in 3 years is dead.
  15. That a child born in lawful wedlock is legitimate.
  16. That the law has been obeyed.
  17. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to that person, when such presumption is necessary to perfect the title of such person or a successor in interest.
  18. In situations not governed by the Uniform Commercial Code:

(a) That an obligation delivered up to the debtor has been paid.

(b) That private transactions have been fair and regular.

(c) That the ordinary course of business has been followed.

(d) That there was good and sufficient consideration for a written contract.

NRS 47.250

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.