CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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Misc. Presumptions: Civil
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Family Law & Juvenile Presumptions
............Presumption of Juvenile Juris.
5 Cards On This Topic:
Competent professional evidence that injury sustained by minor ordinarily not sustained except as result of abuse or neglect is presumptive of jurisdiction.
As W&IC §316.2 grants exclusive jurisdiction over paternity issues to juvenile ct. upon filing a dependency petition, later family ct. order naming man with whom mother lived at C's birth a presumed F, on which the juvenile ct. relied, was void.
Undisputed evidence of nonaccidental trauma and mother's failure to explain how C was injured in her care was substantial evidence she was responsible for inflicting the injuries; W&IC 355.1 presumption not rebutted.
When D's participation in a conspiracy begins while s/he is a minor, but continues after his/her 18th birthday, trial court not required to transfer to juvenile court. Rather, D may be tried as an adult.
Effect of statutory presumption of unfitness from finding of injury of type normally occurring due to abuse or neglect.