Chapter 5

COL021320126GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.5INDIRECT EVIDENCE ,INFERENCES AND PRESUMPTIONS 1CHAPTER 5 INDIRECT EVIDENCE ,INFERENCES AND PRESUMPTIONS § 5101. Indirect Evidence Classified. [Omitted] § 5102. Inference Defined. § 5103. Presumption Defined. § 5104. When an Inference Arises. § 5105. When Presumptions May be Controverted. § 5106. Specification of Conclusive Presumptions . § 5107. All Other Presumptions May be Controverted. § 5101. Indirect Evidence Classified. [Omitted] SOURCE : CCP § 1957. Substance Duplicated in § 2110 of this Division. § 5102. Inference Defined. An inference is a deduction which the reason of the judge or jury makes f rom the facts proved, without an express direction of law to that effect. SOURCE :CCP § 1958, modified to reflect juries. § 5103. Presumption Defined. A presumption is a deduc tion which the law expressly directs to be made from particular facts. SOURCE : CCP § 1959. COMMENT :The presumptions of this Chapter are not those men tioned in GRE 301. The presumptions here are those which arise upon specific direction of law. § 5104. When an Inference Arises.

CP § 1959. COMMENT :The presumptions of this Chapter are not those men tioned in GRE 301. The presumptions here are those which arise upon specific direction of law. § 5104. When an Inference Arises. An inference must be founded both on a fact legally proved and on such a deduction from that fact as is warranted by a consideration of the usual propensities or passions of men, the particular propensitie s or passions of the person whose act is in question, the course of business, or the course of nature. SOURCE : CCP § 1960, modified grammatically only . § 5105. When Presumptions May be Controverted. A presump tion, unless declare d by law to be conclusive, may be controverted by other evidence, direct or indirect, but unless so con -COL021320126GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.5INDIRECT EVIDENCE ,INFERENCES AND PRESUMPTIONS 2troverted, the judges and juries are bound to find according to the presumption in all civil cases. SOURCE :CCP § 1961, as modified. CROSS -REFERENCES :GRE 301. COMMENT :Modification conforms to 301 which applies only to civil actions. For the basic presumptions govern ing the Criminal Code see Chapter 1 of Title 9 of this Code (Crimes and Correc

S :GRE 301. COMMENT :Modification conforms to 301 which applies only to civil actions. For the basic presumptions govern ing the Criminal Code see Chapter 1 of Title 9 of this Code (Crimes and Correc tions). § 5106. Specification of Conclusive Presumptions . The following presumptions, and no others, are deemed conclusive: 1. Amalicious and guilty intent, from the deliberate com mission of an unlawful act, for the purpose of injuring another; 2. The truth of the facts recited, from the recital in a written instrument between the parties thereto, or their succes sors in interest bya subsequent title but this rule does not apply to the recital of a consideration; 3. Whenever a party has, by his own declarati on, act or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission be permitted to falsify it; 4. Atenant is not pe rmitted to deny the title of his landlord at the time of the commencement of the relation; 5. The issue of a wife cohabiting with her husband who is not impotent, is indisputably presumed to be legiti mate; 6.

deny the title of his landlord at the time of the commencement of the relation; 5. The issue of a wife cohabiting with her husband who is not impotent, is indisputably presumed to be legiti mate; 6. The judgement or order of a court, when declar ed by this Code to be conclusive; but such judgment or order must be alleged in the pleadings if there be an opportunity to do so; if there be no such opportunity , the judgment or order may be used as evidence; 7. Any other presumption which, by law , expre ssly made conclusive. SOURCE :CCP § 1962. COMMENT : SeeAtkins Kroll, Ltd. v Cabrera, (1961) 295 F .2d 21. § 5107. All Other Presumptions May be Controverted.COL021320126GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.5INDIRECT EVIDENCE ,INFERENCES AND PRESUMPTIONS 3All other presumptions are satisfactor y if uncontradicted. They are denominated disputable presumptions, and may be controvert ed 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.

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 be longed 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 owner ship; 13. That a person in posses sion of an order on himself for the payment of money , or the delivery of a thing, has paid the money or delivered the thing ac cordingly; 14. That a person acting in a public office was regular ly appointed to it; 15. That official duty has been regularly performed; 16.

f a thing, has paid the money or delivered the thing ac cordingly; 14. That a person acting in a public office was regular ly 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 jurisdic - tion; 17. That a judicial record, when not conclusive, does still correctly determine or set forth rights of t he parties;COL021320126GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.5INDIRECT EVIDENCE ,INFERENCES AND PRESUMPTIONS 418. 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 o f 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 du ly directed and mailed was re ceived in the regular course of the mail; 25. Identify of person from identity of name; 26.

ing the note or bill; 23. That a writing is truly dated; 24. That a letter du ly directed and mailed was re ceived 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 dep orting themselves as hus band and wife have entered into lawful contract of marriage; 31. That a child born in lawful wedlock, there being no di vorce 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 general ly acted upon a genuine, by persons having an interest in the question, and its custo dy has been satisfactorily;COL021320126GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.5INDIRECT

s been since general ly acted upon a genuine, by persons having an interest in the question, and its custo dy has been satisfactorily;COL021320126GCA EVIDENCE DIV.2PRINCIPLES OF EVIDENCE CH.5INDIRECT EVIDENCE ,INFERENCES AND PRESUMPTIONS 535. That a printed and published book, purporting to be printed or published by public authority , was so printed or pub lished; 36. That a printed and published book, purporting to contain reports of cases adjudged in the tribun als of the state, territory , possession, commonwealth or trust territory or coun trywhere 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, h as actually con veyed 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 w ithout a reservation of his rights, is presump tive 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.

reservation of his rights, is presump tive 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 SOURCE : CCP § 1963, modified only to reflect territories, posses sions, etc., in Item 36. It ems 40 and 41 added by P .L. 20 -223:12. ----------