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In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
The origins of the doctrine of falsus in uno, falsus in omnibus in the common law have been traced as far back as the Stuart Treason Trials in the late seventeenth century. [7] However, the widespread acceptance of the principle in seventeenth century English courts suggests that the doctrine has much earlier roots. [ 8 ]
This fallacy can be also confused with petitio principii (begging the question), [10] which offers a premise no more plausible than, and often just a restatement of, the conclusion. [11] Closely connected with [petitio principii] is the fallacy of the Complex Question. By a complex question, in the broadest meaning of that term, is meant one ...
In Director of Public Prosecutions v.Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".
Naturalistic fallacy fallacy is a type of argument from fallacy. Straw man fallacy – refuting an argument different from the one actually under discussion, while not recognizing or acknowledging the distinction. [110] Texas sharpshooter fallacy – improperly asserting a cause to explain a cluster of data. [111]
A loaded question is a form of complex question that contains a controversial assumption (e.g., a presumption of guilt). [1] Such questions may be used as a rhetorical tool: the question attempts to limit direct replies to be those that serve the questioner's agenda. [2] The traditional example is the question "Have you stopped beating your wife?"
A formal fallacy, deductive fallacy, logical fallacy or non sequitur (Latin for "it does not follow") is a flaw in the structure of a deductive argument that renders the argument invalid. The flaw can be expressed in the standard system of logic. [ 1 ]
These fallacies include the naturalistic fallacy, the moralistic fallacy and the intentional fallacy. [12] [18] A false dilemma is a fallacy of presumption based on a false disjunctive claim that oversimplifies reality by excluding viable alternatives.