If the defense wants a presumption to be used, it must prove the basic fact.

Name: If the defense wants a presumption to be used, it must prove the basic fact.
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The defense must establish the basic fact before a presumption can be applied. This is because a presumption shifts the burden of proof to the opposing party, and it is unfair to do so unless the defense has already proved the basic fact.

If the Defense Wants a Presumption to Be Used, It