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n an inference as to the existence of some fact, drawn from the existence of some other fact; an inference that common sense draws from circumstances usually occurring in such cases.
References in periodicals archive ?
I disagree with you that the Supreme Court of Canada in Ward made a critical mistake in talking about a presumption that states are able to protect their nationals, which it derived as an implication flowing from state sovereignty.
That presumption explains why the burden is on a refugee claimant to make out (on a standard of reasonable chance/serious risk) the elements of his/her claim (well-founded fear of persecution on enumerated grounds).
These were the presumptions made by the Court of Appeal in July 2015 in a case which revolved around a trespass onto a neighbour's land.
On the evidence, the trespasser could not show that presumptions under the Hedge and Ditch Rule could be overturned.
These talks proposed presumptions of service-connection for certain conditions associated with these chemical solvents.
But for reforms that would augment liberty, such as liberalizing drug policy or abolishing the minimum wage, the two presumptions disagree: the presumption of liberty places the burden of proof on the defender of the liberty-trenching status quo, while the presumption of the status quo places the burden of proof on the liberalizing reformer.
Cooke rightly suggests that libertarians are sometimes irresponsible in failing to see that social life necessarily privileges the status quo to some degree; responsibility demands that one strike some balance between the presumption of liberty and the presumption of status quo.
Halliburton called into question, but upheld, the foundation of a securities class action — the presumption of class-wide reliance — which makes it easier for plaintiffs in securities fraud class actions to prove reliance and obtain class certification.
Prior to 2008, Florida's equitable distribution statute provided that the presumption of a gift arose only relating to real property held by the parties as tenants by the entireties regardless of whether the property was acquired before or during the marriage.
NAB added, "The Commission cannot rely on a presumption as its NPRM would have it, and indeed national data on competitive market shares cannot provide a rational basis for presuming facts about competition in each of more than 23,000 localities of highly variable characteristics.
The result is entirely circular because it required the Court to determine whether Congress intended the statute to reach the situation in order to invoke the presumption to determine whether Congress intended the statute to reach the situation.