North Dakota Code 31-11-03 – Disputable presumptions
All presumptions other than those set forth in section 31-11-02 are satisfactory if uncontradicted. They are denominated disputable presumptions and may be contradicted by other evidence. The following are of that kind:
Terms Used In North Dakota Code 31-11-03
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Trustee: A person or institution holding and administering property in trust.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. That a person is innocent of crime or wrong.
2. That an unlawful act was done with an unlawful intent.
3. That a person intends the ordinary consequences of that person’s voluntary act.
4. That a person takes ordinary care of that person’s own concerns.
5. That evidence willfully suppressed would be adverse if produced.
6. That higher evidence would be adverse if inferior is produced.
7. That money paid by one to another was due the latter.
8. That a thing delivered by one to another was due the latter.
9. That an obligation delivered up to the debtor has been paid.
10. That former rents or installments have been paid when a receipt for the latter is produced.
11. That things which a person possesses are owned by that person.
12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of that person’s ownership.
13. That a person in possession of an order on that person 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 appointed regularly to it.
15. That official duty has been performed regularly.
16. 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 that court’s or judge’s lawful jurisdiction.
17. That a judicial record, when not conclusive, still does determine or set forth the rights of the parties correctly.
18. That all matters within an issue were laid before the jury and passed upon by it, and, in like manner, that all matters within a submission to arbitration were laid before the arbitrator and passed upon by the arbitrator.
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 dated truly.
24. That a letter duly directed and mailed was received in the regular course of the mail.
25. Identity of person from identity of name.
26. That a person not heard from in seven 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 copartners have entered into a contract of copartnership.
30. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage.
31. That a thing once found to exist continues as long as is usual with things of that nature.
32. That the law has been obeyed.
33. That a document or writing more than thirty years old is genuine when the same generally has been acted upon since as genuine by persons having an interest in the question, and its custody has been satisfactorily explained.
34. That a printed and published book of statutes or other records or reports purporting to be printed or published by public authority was so printed or published.
35. That a printed and published book purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published contains correct reports of such cases.
36. That a trustee or other person whose duty it was to convey real property to a particular person actually has conveyed to heirs, when such presumption is necessary to perfect the title of such person or the person’s successor in interest.
37. That the owner of any land who, without a reservation of the owner’s right, consents to the uninterrupted use by the public of such land for a burial ground for five years intends to dedicate it to the public for that purpose.
38. That there was a good and sufficient consideration for a written contract.
39. That the foreign law is the same as the law of this state.
40. A domicile once acquired is presumed to continue until it is shown to have been changed.