The third-party spoliator must overcome the rebuttable presumption or else be liable for damages. |
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And it is true that a priest has a rebuttable presumption against revealing in court what he has heard in the confessional. |
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If you regard a presumption as rebuttable, you are NOT following it dogmatically! |
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For short-term marriages, defined as less than 11 years, a rebuttable presumption against awarding alimony would have existed. |
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The remedy for this deficient rule is to make causation a rebuttable presumption. |
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Thus, the rebuttable presumption is that an employer can fire an employee for no reason at any time and without advance notice. |
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Failure to participate in E-Verify would create a rebuttable presumption that the employer has hired unauthorized aliens. |
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There was a presumption for life, but the presumption is rebuttable. |
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The second test therefore uses a rebuttable presumption of intention. |
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Kapur told the media that the income tax department will begin prosecution on the basis of a rebuttable presumption. |
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Courts have recognized that the presumption is rebuttable but that it should not be easily rebutted. |
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Establish a rebuttable presumption of limited parental contact and a limited decision-making role for a parent who has committed family violence. |
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The rebuttable presumption afforded higher-priced QMs will likely do little to protect creditors. |
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Should the law create a rebuttable presumption or should the rule simply declare transactions with certain characteristics to be voidable? |
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Importantly, the presumption is rebuttable by evidence establishing that the change is related to other factors. |
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Canadian GAAP does not include a rebuttable presumption that the fair value of the goods or services received can be estimated reliably. |
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The presumption is rebuttable but absent judicial or attorney error, it's almost impossible. |
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There should be an automatic process for review and approval of performance ratings but performance ratings per se should not normally be rebuttable or subject to grievances. |
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There should be a rebuttable presumption in his favour that any lack of conformity which has become apparent within six months after the risk passed to the consumer already existed when the risk passed. |
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The Commission has been informed that it is difficult to apply a system with a rebuttable presumption that can only be used when it is compatible with the nature of the goods and the defects. |
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First, you offer an idiotically rebuttable line. |
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It shifted the way we thought about the relationship between government action and economic growth, making less means more the rebuttable presumption of policy proposals. |
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What would be the advantage of having a presumption, which I would imagine would be rebuttable, within this bill, instead of a clearly established rule of law? |
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However, after further consideration, the Commission has come to the conclusion that such a rebuttable presumption would undermine the absolute character of the de minimis rule. |
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In this respect, it was noted that the presumption of flag State responsibility was a rebuttable one, always subject to rebuttal by instances of non-compliance. |
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In some examples, the percentages may establish a rebuttable presumption as to ownership, while higher percentages may establish a conclusive presumption. |
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An asylum-seeker from such a country would automatically be the subject of an accelerated procedure, albeit with a careful individual examination, the presumption being rebuttable. |
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This presumption however is rebuttable between the ages of 7 and 14 years. |
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We note, however, that all the proposals made were based on the idea that a rebuttable presumption would suffice for the place of performance or, more precisely, the place of delivery of the information. |
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Having reviewed this matter, it is proposed that the Registrar adopt a rebuttable presumption in favour of including vehicles as assets in the assessment of the applicant's indigence. |
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The rebuttable presumption in her favor has not been rebutted to date. |
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American courts of last resort recognize a rebuttable presumption against overruling their own past decisions. |
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By European Union law, very large market shares raise a presumption that a company is dominant, which may be rebuttable. |
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