Assertion: presumption | /r/HasProperty | rebutted
Facets:
value: typically
type: DEGREE
value: upon being satisfied
type: TEMPORAL
Source sentences:
text: Can The Presumption Be Rebutted?
text: Examples: a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof he is not; a person who has disappeared and not heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty.
text: Examples: a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof he is not; a person who has disappeared and not heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty.
text: Examples: a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof it is not; a person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty.
text: Can the Presumption be rebutted?
text: Can the Presumption be rebutted?
text: For example, if an injured worker had strictly a desk job in an office and never went into the field, it would appear that the presumption could be rebutted.
text: Can the Presumption be rebutted?
text: Can the Presumption be rebutted?
text: The presumption can be rebutted.
text: If the Presumption is rebutted, should I still pursue the case?
text: And the Ninth Circuit agreed that “the presumption of regularity that attaches to the government’s proffered record [was] rebutted.
text: A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted.
text: Examples: a child born of a husband and wife living together is presumed to be the natural child of the husband unless there is conclusive proof it is not; a person who has disappeared and not been heard from for seven years is presumed to be dead, but the presumption could be rebutted if he/she is found alive; an accused person is presumed innocent until proven guilty.
text: Although the court recognized that the presumption could be rebutted, it found that the fair hearing procedure of New York took so long -- frequently in excess of 75 days -- that it was "meaningless," in that even a determination favorable to the applicant would usually come after the 75-day penalty period had passed.
text: Presumptions of Abuse can be rebutted but the burden of proof falls to the debtor and requires a motion in Bankruptcy Court
text: Can my presumption be rebutted?
text: If your employer can prove that the heart problem existed prior to the start of employment, then the presumption can be rebutted.
text: (ii) A child within the continuance of a valid marriage or within 280 days of its dissolution is presumed to be legitimate, but the presumption may be rebutted by showing that his parents could not have had access to each other at any time that he could be conceived.
text: Finally, if the employer produces substantial evidence that the harm or pain was not caused by employment, the presumption is rebutted and it disappears from the case.
text: A presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to existence of presumed fact, until presumption is rebutted. ...
text: This presumption can be rebutted only if it can be clearly established that the child in question is illegitimate.
text: If they are disparoved then it is said the presumption is rebutted
text: The court pointed out that although it is presumed that legislation does not alter the common law, this presumption is rebutted if the legislation in question clearly provides that the common law is being altered.
text: The presumption can be rebutted if the defendant establishes either that the miner does not or did not have pneumoconiosis or that his respiratory or pulmonary impairment did not arise out of his employment in a coal mine.
text: The presumption may, however, be rebutted if the manufacturer produces contrary evidence which persuades the trier of fact that an adequate warning or instruction would have been futile under the circumstances.
text: once the presumption is rebutted, plaintiff must produce sufficient evidence to create a triable issue on the question of causation.
text: A presumption, which is un-rebutted, will require a finding of industrial causation.
text: However, if there is clear intent to be contractually bound, the presumption is rebutted.
text: With some relationships, such as property transfers between father and son and husband and wife, this presumption of advancement is applied by default, and requires strong evidence for it to be rebutted.
text: Presumed resulting trusts do arise, however, in one of three situations: where it is a voluntary gift, where there is a contribution to purchase price, and where the presumption that it was an outright gift can be rebutted.
text: Presumed resulting trusts do arise, however, in one of three situations; where it is a voluntary gift, where there is a contribution to purchase price, and where the presumption that it was an outright gift can be rebutted.
text: It will be rebutted when the account, while in the name of both the husband and wife, is used exclusively for the husband's personal use, as in Young v Sealey, or where the joint account exists solely so the husband can guarantee the wife's account, as in Anson v Anson.
text: The presumption can be rebutted.
text: …, the presumption is rebutted and the issues of disputed fact regarding negligence and causation should be submitted to the jury’)
text: However, this presumption may be rebutted where the party challenging the accord and satisfaction can demonstrate, for example, some ambiguity in the language of the instrument or the accompanying communication.
text: The presumption to prefer can be rebutted by showing that the debtor’s dominant intent in making the payments was to restructure the debtor’s financial affairs, presumably to avoid bankruptcy.
text: Upon these conditions being satisfied, the presumption can be rebutted.
text: Case law shows that the presumption is typically rebutted if the preference payment occurs for one of the following reasons.
text: Second, if the preference payment is made as a requirement to stay in business, the presumption can be rebutted.
text: Third, the provision specifically states that a creditor cannot rebut the presumption by showing it pressured the debtor to make a payment but case law shows that the presumption is rebutted when debtors pay aggressive creditors to ward them off (see Anthony Duggan; Thomas G. W. Telfer, Canadian Preference Law Reform, 42 Tex.
text: Finally, the presumption will be rebutted if the payment was made to the creditor pursuant to a pre-existing agreement that was concluded prior to the statutory review period.
text: However, any such presumption can be rebutted if, in the circumstances of a particular case, it is considered that the protection of Convention rights was manifestly deficient.
text: A finding that the Bosphorus presumption applies is not the end of it, however, since that presumption can be rebutted if the protection of the rights laid down in the ECHR was “manifestly deficient” in the present case (para 112).