Essays Tagged: "presumption"

... contains a repealing section mentioning the Acts, which it expressly repeals, the presumption against implied repeal of other laws is further strengthened on the principle... case unless the adversely affected party overcomes it with other evidence. A presumption shifts the burden of production or persuasion to the opposing party, who... or proven existence of some other facts or group of facts. Most presumptions are rules of evidence falling for a certain result in a given...

... with them and according to Patel & Davidsson (2003), no researcher works without presumptions. As discussed above we are influenced by the hermeneutic approach and as... of knowledge which claims to be scientific, has to originate in the presumptions of ontological and epistemological nature, i.e. regarding the view upon the...

... would be closely connected with an idea of education based on the presumption of a hierarchy of values (ideals) as ends to be achieved with...

... organization or individual. Determining the critical ethical factors requires probing into pressures, presumptions and inconsistencies that plague ethical performance. The point is to prevent misconduct... sanctioned by the company or the group they operate within. The following presumptions often emerge : 1) A belief that the activity is within reasonable ethical... and even protect the person engage in it. All these rationalization involve presumptions : " It is not really a crime anyway." "It may be technically wrong...

... the accused caused harassment soon before the death. Accused can rebut the presumption by adducing defence evidence or by relying on the prosecution evidence itself... was evidence regarding demand for dowry. The High Court after drawing the presumption under Section 113-B convicted the accused. The Supreme Court observed that... essentials mentioned above, it becomes obligatory on the court to raise the presumption that the accused caused dowry death. It is imperative for invoking the...

... be presumed as nondischargeable. In contrast to the current law, wherein the presumption of nondischargeability applies to debts for luxury items and cash advances of.... Trustee, trustee, bankruptcy administrator, or any party in interest." There is a presumption in favor of dismissal if the consumer fails the "means test" and... the median income in his or her state. Current law has a presumption against dismissal this is overcome by a showing of "substantial abuse." Under...

... it in Re B (Minors) (Care: Contact : Local Authority's Plans) ): "The presumption of contact...has always to be balanced against the long-term welfare... responsibility while a care order is in force and there is a presumption of reasonable contact between the child, parents and other persons. If the... belongs to the court . In such an application the court balances the presumption of contact against the child's long-term welfare and considers the...

... researched according to their Origin and Characteristics, standard and Burdon of proof, presumption of innocence, punishments for crimes committed with particularreference to retribution, deterrence and... researched material into the Origin and Characteristics, standard and Burdon of proof, presumption of innocence, punishments for crimes committed with particular reference to retribution, deterrence...

... accepted that implacable hostility could constitute a factor which might rebut a presumption of contact. Waite LJ held that '...the mother's present attitude towards... right in the child.' Following this case, the courts operated with a presumption in favour of maintaining contact between the child and parents, as it... research that showed to the contrary. In Re H (minors)(access) the presumption was clearly expressed: 'the test to be applied was whether there were...

... years there was a move away from indeterminate sentencing toward determinate or presumptive sentencing models or guidelines. A drop in available money for new demonstration...

... Court of Appeal (Tingle & Cribb 1996). Medical teams should start from the presumption that patients have the capacity to reach their own decisions. Patients are...

.... Genetic test results indicate a probability of paternity and establish a legal presumption of paternity. Paternity tests have an accuracy range of up to 99...%; the current standard creates the evidentiary presumption in most courts in the nation." Once paternity is established, the custodial parent then has a legal right...

... the supposed event and even this would require an enormous mass of presumptive evidence. Indian evidence act 101. Burden of Proof - Whoever desires any Court.... The result is that if insufficient evidence is presented by him, the presumption should operate I favour of Environmental protection. 102. on whom burden of... court will while striking the balance of probability keep in mind the presumption of honesty or innocence or the nature of the entire charges. It...

... to pre-teens (Troiden 52). Gay youngsters and their parents encounter the presumption of heterosexuality.         The heterosexual assumption starts during the sensitization stage; however, the... (7). Once the feeling of being "different" occurs, another perception emerges, the presumption of inversion.         In this perception, gay individuals have gender conflict because of... adolescents encounter many preconceptions and assumptions regarding homosexuality. These assumptions are presumption of heterosexuality, presumption of inversion, and recognition of stigma (Herdt 4-5). Using...

... the prisoner's guilt". A defendant person always has a right to presumption of innocence, it means that the prosecution must prove his guilt with...."# Right to Silence. The right to silence is closely related to the presumption of innocence. There are Pre-Trial Right to Silence and At-Trial... be acquitted on this crime. The Burden of Proof leads to the presumption of innocence. The burden of proof means the obligation to prove a...

... a miracle is testimony versus reality. Hume states, "It forms a strong presumption against all supernatural and miraculous events, that they are observed chiefly to...

... Honour Only. By contrast with domestic arrangements within businesses there is a presumption that an agreement is a legally binding one. There needs to be... contracts in accordance with ordinary conveyance practice and there is a strong presumption there is no contract prior to this. •It was unusual to find... be seen as a domestic dispute and not a legal affair. The PRESUMPTION being that the parties did not intend to create a legally enforceable...

... so fundamental, it's infringement will undoubtedly destroy democracy. Along with the presumption of innocence, a democracy cannot exist without privacy of the person, and... the basic fundamental rights and freedoms guaranteed under the constitution and the presumption of innocence, privacy of the person and free speech will soon be...-terrorism legislation is brought into place. The right to free speech, a presumption of innocence and privacy of the person cannot be guaranteed if terrorists...

... support the "brutalizing effect" of capital punishment.) Further, because it is the Presumption of rationality that is the basic social contract, violence is never justified... stacked deck. The defendant goes into the trial as a loser. The presumption of innocence is defeated. These costs represent negative externalities to me and... Dictionary) Are we to be ruled by reason, or by emotion? The presumption of rationality is the underlying social contract that forms the basis of...

.... Model I presumes that definitive knowledge is possible. This has been the presumption of a positivist and pragmatist perspective and would restrict the role of...