Rebuttable Presumption
The Effect of a Rebuttable Presumption in Montana
... The holding in the majority opinion that a presumption may be over- come as a matter of law by a preponderance of conflicting evidence is contrary to [citing Mon[r] ...
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A New Rule of Law for the Abandonment of Water Rights
... By holding that a showing of nonuse for a long period of time raises a rebuttable presumption of an intent to abandon and shifts the burden of proof onto the nonuse[r] ...
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Ingram v. Pettit, 340 So. 2d 922 (Fla. 1976)
... negligence. Generally, a rebuttable presumption of negligence stands as proof of negligence and requires a directed verdict unless evidence is offered to disprove it; pr[r] ...
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Constitutional Limits on Criminal Presumptions As an Expression of Changing Concepts of Fundamental Fairness
... 16 2 The majority held that a conclusive or rebuttable presumption instruction is constitutionally erroneous if a "reasonable juror" could have understood the instruction as shifting the[r] ...
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The Federal Estate Tax Marital Deduction in Montana: A Warning and Suggestions
... The section should also state a rebuttable presumption that, if an inter vivos instrument or a will purports to create a power in a named person to appoint to [r] ...
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Accountability, Liability and the War on Terror—Constitutional Tort Suits as Truth and Reconciliation Vehicles
... Political Question Doctrine: Reviving the Federalist “Rebuttable Presumption” Analysis, 80 N.C. National Security in the Law’s Open Areas, 86 B.U.. impossible to bring—and Pushaw’s f[r] ...
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The Presumption of Innocence in Europe: Developments in Substantive Criminal Law
... With this, obviously we do not want, to neglect the reasons for prevention on which these efficiency models are based, but the argument always goes back to the ideological issue set out in the incipit , that is the ...
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Transmutations and the Presumption of Undue Influence: A Quagmire in Divorce Court
... the presumption of undue influence, leading the court down a thorny path away from the language of the partners’ written ...the presumption of undue ...
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Text ABSTRACT pdf
... Adalah suatu prinsip yang penting dalam Hukum Acara Pidana, yaitu prinsip ”Presumption of innocence”, yang timbul dari pengakuan terhadap prinsip legality dan yayng menyatakan, bahwa seseorang tertuduh harus ...
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Presumption of Innocence; Its Applicability to Prosecutions for Speeding Violations, The
... at 396, 31 N.E.2d at 502, that, "To rule that this inference may not be drawn from the established facts would be to deny to the trier of facts the right to use a common process of reaso[r] ...
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The presumption of childhood psychological traumas on parental attitudes
... As results of Pearson correlation analysis which used for detecting if there is a staticaly significant relation between childhood traumas and parental attitudes; it determined that ther[r] ...
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Surveillance technologies, wrongful criminalisation, and the presumption of innocence
... Second, and more importantly, in relation to surveillance practices, the objection to the aggregative approach offered by an appeal to the doctrine of acts and omissions assumes a conflict in practice between the ...
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Blackmer v. Blackmer: The Presumption of Undue Influence in Montana
... A properly executed will is presumed to be free from undue influence, and the burden of proving that such influence existed rests upon a contestant who alleges i[r] ...
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On the generalized Hartman effect presumption in semiconductors and photonic structures
... barrier separation, a/λ, for fixed b, n, and electron energy E. This result shows that in this kind of systems, the presumption of a generalized Hartman effect is incorrect. The Hartman effect as a consequence of ...
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Being a Correct Presumption vs. Being Presumably the Case
... the presumption of in- nocence is not justified on the epistemic ground that defendants are likely to be innocent, but on the pragmatic ground that, as- suming their innocence is, in general, a good means to avoid ...
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Race IPSA: Vote Dilution, Racial Gerrymandering, and the Presumption of Racial Discrimination
... A three-judge panel of the district court rejected the appel- lant's contention that § 2 of the Voting Rights Act required the creation of majority-minority districts [r] ...
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Burden of Proof, Prima Facie Case and Presumption in WTO Dispute Settlement
... In trying to apply a concept of a prima facie case that raises a pre- sumption in favor of the claimant and shifts a rebuttal burden to the respondent, a pane[r] ...
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The Contributory Negligence of Children: Ranard v. O'Neil
... The court went on to hold that in Montana there is no presumption as to the capacity or incapacity of an eight-and-a-half year old to be contributorily negligent and [r] ...
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Statutory and Common Law Presumptions in Montana
... Disputable statutory presumptions concerned with the con- struction and determination of intent of terms are: that a written instrument shows a presumption that there [r] ...
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In Re Lisa R.? - Limiting the Scope of the Conclusive Presumption Doctrine
... In the unanimous decision of In re Lisa R., 12 the California Su- preme Court reversed, holding that "a presumption which precludes to appellant in the instant circ[r] ...
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