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The Difference Between a Presumption and an Inference Is That

Question 39

Multiple Choice

The difference between a presumption and an inference is that:


A) a presumption is an absolute requirement that the jury must follow in a criminal case while inference allows a jury to ignore the conclusion that is normally drawn with respect to an inference.
B) a presumption has a mandatory effect in criminal cases, and an inference has very little effect because its conclusion is so weak.
C) a presumption is the deduction of fact that a jury "must" draw if the first fact on which it is based is proved, but it is not required to make the deduction in a criminal case, whereas an inference has less strength and a jury has the ability to draw the deduction or to refuse to draw the deduction with respect to an inference in a criminal case.
D) A jury is required to follow an inference in a criminal case, but it has the discretion not to follow a presumption even if the preliminary fact has been proven.

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