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88 But what of the rebuttable presumption? Can it clear itself of the charge of
being fictitious? In the first place, it should be noted that the difference between
the rebuttable presumption and the conclusive presumption may, in some cases,
...
2
The Law of Payment Bonds
8' There are differences between the prima facie and the rebuttable presumption
approaches despite their similarities. Under the typical prima facie formulation, a
judgment against the principal is prima facie evidence of thesurety 's liability, ...
Kevin L. Lybeck, H. Bruce Shreves, 1998
3
Valuing Natural Assets: The Economics of Natural Resource ...
BURDEN OF PROOF AND THE REBUTTABLE PRESUMPTION A procedural
innovation can have an equal or greater impact on the outcome of a trial than can
a doctrinal shift, as common-law judges realized long ago. Borrowing from the ...
Raymond J. Kopp, V. Kerry Smith, 2013
4
Liability for Damage to Public Natural Resources: Standing, ...
A rebuttable presumption shifts the burden of producing evidence to the
responsible party, who must present alternative evidence to rebut the existence
of the presumed fact. A rebuttable presumption 'disappears when substantial
evidence to ...
5
Limits of Legality: The Ethics of Lawless Judging
One might doubt whether rebuttable presumption even constitutes a serious rule,
because applying it seems to require moral judgment concerning whether a
certain result is extremely suboptimal. But it could work as a serious rule if there ...
Jeffrey Brand-Ballard, 2010
6
Spoliation of Evidence: Sanctions and Remedies for ...
1267, 1279 (N.D. Ill. 1994) (dismissing complaint and declining to give limiting
instruction because it would not cure the prejudice); Cf. Uniguard, 982 F.2d at
369 (upholding district court's exclusion of evidence on the grounds that
rebuttable ...
Margaret M. Koesel, Tracey L. Turnbull, Daniel F. Gourash, 2006
7
Medical Malpractice: Law, Tactics, and Ethics
67 On review the court affirmed the lower court's rebuttable presumption rule but
modified its application.68 The court reasoned that unless the purposes of justice
are being served, the rebuttable presumption is inapplicable since in certain ...
8
Congressional Record, V. 148, PT. 3, March 11, 2002 to April ...
Our language does not contain all of these rebuttable presumptions. When I first
read through this, I thought to myself: Why in the world are we putting in all these
rebuttable presumptions? A rebuttable presumption is essentially a burden of ...
9
The Law and Practice of Secured Transactions: Working with ...
Still other courts have taken a middle ground, holding that if a debtor establishes
that the secured party violated Part 5 of Article 9, the debtor then gets the benefit
of a rebuttable presumption that the value of the collateral was equal to the ...
Richard F. Duncan, William H. Lyons, Catherine Lee Wilson, 2014
10
Textbook on Legal Methods, Legal Systems & Research
A presumption is rebuttable in that it can be refuted by factual evidence. One can
present facts to persuade the judge that the presumption is not true. Examples: A
child born of a husband and wife living together is presumed to be the natural ...
WIADOMOŚCI, KTÓRE ZAWIERAJĄ SŁOWO «REBUTTABLE»
Sprawdź, o czym dyskutuje się w prasie krajowej i zagranicznej oraz jak jest stosowane słowo
rebuttable w wiadomościach.
Nevada Enacts Rebuttable Presumption Of Sales And Use Tax Nexus
The presumption may be rebutted by submitting proof that the residents with whom the retailer has an agreement did not engage in any activity in Nevada that ... «Mondaq News Alerts, Cze 15»
FCC Says Local Regulators Can't Limit Cable Rate Hikes
The new “rebuttable presumption” strips local officials of the right from the 1992 Cable Television Consumer Protection and Competition Act to regulate prices ... «Deadline, Cze 15»
Not So Fast On New Benefits For Firefighters, Police
The first would create the rebuttable presumption that firefighters diagnosed with many forms of cancer contracted the disease on the job and are thus eligible for ... «Hartford Courant, Maj 15»
Onus on suspected offenders to prove overseas funds legal: CBDT
A rebuttable presumption is a conclusion to a fact in presence of certain evidences and can be overturned only if an evidence on the contrary is provided to. «Economic Times, Mar 15»
The default presumption of public access to court records is …
The default presumption of public access to court records is rebuttable (Part 2 of 2). February 5, 2015. Insurance Law The parties must show why the things they ... «Westlaw Insider, Lut 15»
Close the five-year billboard loophole
The so-called rebuttable presumption of legality was added to state law in the 1980s through legislation sponsored by the billboard industry. Sign companies ... «Los Angeles Times, Lut 15»
Goldman Sachs Actually Read the Volcker Rule
The 60-day stuff is in the "Purpose Test" on Step 1C of that flowchart ("A rebuttable presumption that a trade is for a trading account arises if the banking entity: ... «Bloomberg View, Sty 15»
Occupiers' Liability Act, Assumption Of Risk And Rebuttable …
Even if it did, there was a rebuttable presumption that the Plaintiff could advance to displace the lower standard of liability that the section imposed on the NCC. «Mondaq News Alerts, Gru 14»
Gov. Brown forces AB 2616 to walk the plank
The rare exceptions in which an injury or disorder experienced away from work is considered work-related are misleadingly named “rebuttable presumptions. «R Street, Paz 14»
Cameron dismisses Johnson's 'presumption of guilt' terror plan
Downing Street has dismissed a call by Boris Johnson for the government to introduce a "rebuttable presumption" that anyone who visits a war zone without ... «The Guardian, Sie 14»
