Assertion: presumption | /r/HasProperty | conclusive
Facets:
value: clearly
type: MANNER
value: § 4662(a
type: OTHER
value: in labor code
type: LOCATION
value: of law
type: OTHER
value: merely
type: DEGREE
Source sentences:
text: Other presumptions are conclusive, meaning that they must be accepted to be true without any opportunity for rebuttal.
text: The distinction usually drawn between these two classes of presumptions is that a presumption of law is an arbitrary rule of law that when a certain fact or facts appear a certain other fact is, for the purposes of the case, deemed to be established, either conclusively or until contrary evidence is introduced; while a presumption of fact is merely a logical inference or conclusion which the trier of the facts is at liberty to draw or refuse to draw.
text: This presumption, known as the conclusive presumption, is designed to protect the family unit from an outsider trying to come in and assert a right to the child of the marriage.
text: This avoids the danger that the jury may infer that the presumption is conclusive, but it probably means little to the jury, and certainly runs counter to accepted theories of the nature of evidence.
text: A presumption is either conclusive or rebuttable.
text: Presumption of law can be further sub-divided into two parts; conclusive and rebuttable presumptions
text: Presumptions may be either of law or fact and when of law may be either conclusive or rebuttable but when of fact are always rebuttable.
text: But there was also litigation and arguments as to why apportionment should apply in all Labor Code § 4662 cases, EVEN in cases when the presumption is clearly conclusive (i.e. in Labor Code § 4662(a) through (d).)
text: If you are dealing with a presumption such as that under Labor Code § 4662, and clarify for the trier of fact whether the presumption is conclusive or rebuttal and how your burden has been met under that standard.