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A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems. conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems.
So long as the individual is a minor, the presumption is that he or she is not emancipated and the burden of proof rests on the individual asserting it. The Mental Hygiene Law also addresses consent but for situations not usually within the scope of EMS.