All Other Presumptions May be Controverted

COL02132012 DIV. 2 PRINCIPLES OF E VIDENCE CH. 5 INDIRECT E VIDENCE, INFERENCES AND PRESUMPTIONS All other presumptions are satisfactory if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind: 1. That a person is innocent of a crime or wrong; 2. That an unlawful act was done with an unlawful intent; 3. That a person intends the ordinary consequence of his voluntary act; 4. That a person takes ordinary care of his own concern; 5. That evidence willfully suppressed would be adverse if produced; 6. That higher evidence would be adverse from inferior being produced; 7. That money paid by one to another was due to the latter; 8. That a thing delivered by one to another belonged to the latter; 9. That an obligation delivered up to the debtor has been paid; 10. That former rent or installments have been paid when a receipt for the latter is produced; 11. That things which a person possesses are owned by him; 12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership; 13. That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly; 14. That a person acting in a public office was regularly appointed to it; 15. That official duty has been regularly performed; 16. That a court or judge, acting as such, whether in Guam or any state or country, was acting in the lawful exercise of his jurisdiction; 17. That a judicial record, when not conclusive, does still correctly determine or set forth rights of the parties; COL02132012 DIV. 2 PRINCIPLES OF E VIDENCE CH. 5 INDIRECT E VIDENCE, INFERENCES AND PRESUMPTIONS 18. That all matters within an issue were laid before the judges and passed upon by them; 19. That private transactions have been fair and regular; 20. That the ordinary course of business has been followed; 21. That a promissory note or bill of exchange was given or endorsed for a sufficient consideration; 22. That an endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill; 23. That a writing is truly dated; 24. That a letter duly directed and mailed was received in the regular course of the mail; 25. Identify of person from identity of name; 26. That a person not heard from in seven

(7)years is dead; 27. That acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact; 28. That things have happened according to the ordinary course of nature and the ordinary habits of life; 29. That persons acting as co-partners have entered into a contract of co-partnership; 30. That a man and woman deporting themselves as husband and wife have entered into lawful contract of marriage; 31. That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate; 32. That a thing once proved to exist continues as long as is usual with things of that nature; 33. hat the law has been obeyed; 34. That a document or writing more than thirty

(30)years old is genuine when the same has been since generally acted upon a genuine, by persons having an interest in the question, and its custody has been satisfactorily; COL02132012 DIV. 2 PRINCIPLES OF E VIDENCE CH. 5 INDIRECT E VIDENCE, INFERENCES AND PRESUMPTIONS 35. That a printed and published book, purporting to be printed or published by public authority, was so printed or published; 36. That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state, territory, possession, commonwealth or trust territory or country where the book is published contains correct reports of such cases; 37. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest; 38. The uninterrupted use by the public of land for a burial ground, for five

(5)years, with the consent of the owner, and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose; 39. That there was a good and sufficient consideration for a written contract. 40. That a minor, possessing or using a firearm does so with the knowledge of its lawful owner or putative owner. 41. That a minor possessing or using a firearm does so with the knowledge of his parents or guardians