GA Code § 24-14-20 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 14 - Proof Generally|Article 2 - Presumptions and Estoppel|§ 24-14-20. Presumptions of Law and of Fact Distinguished

 Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact shall be exclusively questions for the jury, to be decided by the ordinary test of human experience.    (Code 1981, §24-14-20, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Law reviews.   - For comment discussing the right to present evidence for the purposes of rebutting, in light of Vlandis v. Kline, 412 U.S. 441, 93 S. Ct. 2230, 37 L. Ed. 2d 63 (1973), see 10 Ga. St. B.J. 484 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Specific Presumptions    RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, §§ 7, 198.   9A Am. Jur. Pleading and Practice Forms, Evidence, § 103.   C.J.S.   - 31A C.J.S., Evidence, § 173 et seq.   ALR.    - Presumption from derailment as requiring submission of carrier's negligence to jury in action by passenger, notwithstanding uncontradicted evidence negativing negligence, 23 A.L.R. 1214.    Presumption and burden of proof as to carrier's responsibility for goods received in good condition and delivered to consignee in bad condition, 53 A.L.R. 996; 106 A.L.R. 1156.    Presumption and burden of proof as to loss from failure of pledgee to sell or collect choses in action pledged, 53 A.L.R. 1075.    Province of court and jury respectively as to construction of written contract where extrinsic evidence as to intention has been introduced, 65 A.L.R. 648.    Governing law as regards presumption and burden of proof, 78 A.L.R. 883; 168 A.L.R. 191.    Voluntariness of confession admitted by court as question for jury, 85 A.L.R. 870; 170 A.L.R. 567.    Constitutionality of statutes or ordinances making one fact presumptive or prima facie evidence of another, 86 A.L.R. 179; 162 A.L.R. 495.    Rebuttal of presumption of receipt of letter properly mailed and addressed, 91 A.L.R. 161.    Presumption and burden of proof of settlement in action by one town or poor district against another for support of pauper, 99 A.L.R. 457.    Presumption of ownership of automobile by one in whose name it is registered or whose license plates it bears, 103 A.L.R. 138.    Presumption against suicide as evidence, 103 A.L.R. 185; 158 A.L.R. 747.    Construction, application, and effect of provision of statute or policy which raises a presumption of total and permanent disability of insured after continuation of disability for a specified period, 110 A.L.R. 631.    Presumption of death as evidence, 115 A.L.R. 404.    Distinction between effect of fact to create presumption of further fact and its effect as prima facie evidence of the further fact in determining burden of proof and weight of evidence, 121 A.L.R. 1078.    Presumption and burden of proof regarding mitigation of damages, 134 A.L.R. 242.    Presumption that description by reference to highway carries fee to center thereof, as affected by presence of water system or other apparatus under highway, 147 A.L.R. 667.    Statute which places burden of proof as to contributory negligence on defendant or creates a presumption against contributory negligence as applicable to actions by one person for consequential damages resulting from injury to another, 147 A.L.R. 726.    May presumption rest upon admission by opponent's pleading without proof of constituent fact, 153 A.L.R. 1106.    Presumption and burden of proof as regards continuance or revocation of will produced for probate, 165 A.L.R. 1188.   Overcoming inference or presumption of driver's agency for owner, or latter's consent to operation, of automobile, 5 A.L.R.2d 196.   Inference of malice or intent to kill where killing is by blow without weapon, 22 A.L.R.2d 854.   Validity of legislation creating presumption of intoxication or the like from presence of specified percentage of alcohol in blood, 46 A.L.R.2d 1176.   Judicial notice of intoxicating quality, and the like, of a liquor or particular liquid, from its name, 49 A.L.R.2d 764.   Spontaneity of declaration sought to be admitted as part of res gestae as question for court or ultimately for jury, 56 A.L.R.2d 372.   Presumption against suicide as overcome as a matter of law by physical facts related to death in action on accident or life insurance policy, 85 A.L.R.2d 722.   Effect of presumption as evidence or upon burden of proof, where controverting evidence is introduced, 5 A.L.R.3d 19.   Modern status of the rules against basing an inference upon an inference or a presumption upon a presumption, 5 A.L.R.3d 100.   Relation back of presumption of continuance of condition of property, 7 A.L.R.3d 1302.   Validity and construction of statute creating presumption or inference of intent to sell from possession of specified quantity of illegal drugs, 60 A.L.R.3d 1128.   Presumption of payment as applicable to bank deposit, 69 A.L.R.3d 1311.   Amnesiac as entitled to presumption of due care, 88 A.L.R.3d 622.