In those instances, however, the patentee still might rebut the presumption that estoppel bars a claim of equivalence. |
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There is no equivalent presumption in the case of unmarried men, even where they are cohabiting with the mother. |
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These are people who I believe really have a strong faith in the idea of the presumption of innocence. |
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The implicit presumption was always that politicised corrections for market failures would work perfectly. |
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Oh, come off it, it's true that they can be justly blamed for all sorts of devilish chicanery, but your presumption is crazy. |
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The chief reason to reject this view is the presumption in favour of equal consideration. |
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There is, therefore, a presumption in favour of the appeal proposal under S54A unless other material considerations indicate otherwise. |
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We regarded it as a presumption not to share the cup of the Lord at Communion with the people. |
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Why infantilize young people who are entitled to every presumption of adulthood? |
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She can deny that human rights, presumption of innocence and just plain common decency are being sullied. |
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However, at paragraphs 9 and 10 the inspector introduced an evidential presumption in favour of the map. |
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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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People talk about that as contravening the right of presumption of innocence. |
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Senior lawyers cite a flagrant breach of the presumption of innocence which may jeopardise a future trial. |
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However, there is a presumption in favour of the right of States to enter reservations unless the instrument expressly states to the contrary. |
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If either of these courses had been followed, there would be no problem with the presumption of innocence. |
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It is a piece of great pride and presumption to forejudge the events of a war. |
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People wonder what happened to the rules of natural justice and the presumption of innocence. |
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There is a very strong national policy presumption in favour of its restoration. |
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Probably the presumption was that, merely by picking such a child up and taking it home, a person assumed the role of its legal guardian. |
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This presumption is especially invocable here, because the order recited the filing of the petition, and is founded upon it. |
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We will have changed the presumption from the idea that the Internet is not regulated to one that it is regulated. |
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Both in disciplinary law and in civil law the presumption of competence must prevail. |
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Statutory presumptions placing an evidential burden on the accused do not breach the presumption of innocence. |
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The site lies within the urban area and the appellant states that there is therefore a presumption in favour of development. |
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Nevertheless, it does create a presumption in favour of conservation and long-term sustainability, and the parties must apply it accordingly. |
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Such a decision, especially today, requires extraordinarily strong reasons for overriding the presumption in favor of peace and against war. |
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There was a presumption in favour of freedom of expression, which was a primary right in a democracy. |
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In other words, once the precondition set out in section 13 is satisfied, there is a presumption in favour of referral. |
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The presumption must be that anyone charged with a crime is innocent until proven guilty. |
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This is so because the expiry of a limitation period raises a presumption of prejudice suffered by the defendants. |
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So stated the test is less onerous than for the presumption of undue influence as between the spouses themselves. |
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But that necessarily follows from the theory that the defamation created a presumption of malice and the privilege then destroyed that malice. |
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Between 7 and 14, called the dubious age of discretion, the child is still presumed to be incapable, but the presumption is not conclusive. |
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The presumption that the glass envelopes of these bulbs function as cutoff filters to remove short wavelength radiation was unsubstantiated. |
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If you regard a presumption as rebuttable, you are NOT following it dogmatically! |
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But it is a fair presumption that the belief in exclusive disjunctive uses of or in English includes just such three-disjunct uses of or. |
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Under this approach, a court does not start with any presumption favoring, or disfavoring, the status quo. |
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Now there's a very strong presumption that they must get a sentence for public protection, which is in fact life. |
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Of course, a reader doesn't have to accept the essays' religiose atmospherics or fabulist presumption to be affected by Berger's tone. |
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I make a note for my official report that the presumption of innocence has yet again been violated. |
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Previously there had been a presumption in favour of housing, making it difficult to reject plans for flats and apartments. |
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As Kant remarked, this is said in a lofty, disdainful tone, full of the presumption of wanting to reform reason by experience. |
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What has happened to the concept of the rule of law, due process and the presumption of innocence? |
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He urged military tribunals, disfavored any civilian participation and even opposed giving defendants a presumption of innocence. |
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Presumption of innocence relates to charges in criminal proceedings, and that presumption of innocence applies. |
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Now, I am certain that priestly charism transubstantiates my lame lay prose into inspired revelation, but do not my efforts smack of presumption! |
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That means we defend a winding-up application with no presumption of insolvency. |
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Common sense would suggest that there ought to be a strong presumption in favour of the family. |
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They believe in a culture of blame which moves from the presumption of guilt rather than innocence. |
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That is arrogant presumption to insist that some authors and works deserve to be declared meritorious as a matter of fairness. |
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I assume my reputation for arrogant presumption precedes me, so I'll be anything but brief. |
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I would be curious to know what presumption others think is the most reasonable. |
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Your arrogance, presumption, and ego come through very clearly in this message. |
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The presumption of innocence is a requirement that applies only to the members of a jury in a criminal trial. |
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An article here sums up pretty well my own response to such outrageous presumption. |
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Urban renewal programs in the 1950s were actually based on the presumption that social mix could make communities more stable. |
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An expert is not in any special position and there is no presumption of belief in a doctor however distinguished he or she may be. |
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Still, much like her counterparts today, she must contend with a presumption of male privilege. |
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The presumption among economists that money must be supplied monopolistically by a central authority is widespread. |
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It would have been the height of arrogance, presumption, everything my mother specifically taught me not to do. |
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Rather, the debate should be seen in terms of a presumption in favour of either multilateralism or unilateralism. |
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I believe that such feelings will not be considered bold presumption but an act of love. |
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It is the arrogant and totally unearned presumption of smug superiority that infuriated people. |
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The narcissistic presumption of centrality that underpins paranoia here gives birth to semiotic solipsism. |
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Even in this day and age, presumption and self-importance have their limits! |
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The reflexive hostility that some of his defenders have shown toward his accuser therefore exhibits no fidelity to the presumption of innocence. |
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Those kids worked to get where they are, remember, and modern educational theory won't stand for that sort of upstart presumption. |
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The presumption of innocence is in effect being overturned here, placing the burden of proof on the accused. |
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The third-party spoliator must overcome the rebuttable presumption or else be liable for damages. |
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What ever happened to the hoary but irrebuttable common law presumption of legitimacy for children born within marriage? |
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This is only true, however, if in mandating administrative detention one turns the presumption of innocence on its head. |
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Knowing the difference between assumption and deduction, and between presumption and proof, can alter one's outlook and transform an electorate. |
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Even in regard to criminal statutes the presumption in favour of strict construction is nowadays rarely applied. |
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Under the rational basis test, there is a high degree of presumption in favor of the law's validity and against striking it down. |
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As the transaction was for valuable consideration, there is no presumption of mala fides. |
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He stated that there is a presumption against the ouster of the jurisdiction of courts. |
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Of course, no matter how suggestive his lyrics, Kelly is entitled to the presumption of innocence. |
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Not only is it competent to the judge to admit counter-evidence, but to reject the presumption as insufficient, though no counter-evidence be adduced. |
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He raised an eyebrow at the presumption of an aircraftman Second Class introducing himself, and mumbled his name. |
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The logical presumption is they haven't been joiners hitherto. |
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It is a common law presumption of legislative intent that access to the Queen's courts in respect of justiciable issues is not to be denied save by clear words in a statute. |
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The second test therefore uses a rebuttable presumption of intention. |
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There was a presumption for life, but the presumption is rebuttable. |
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While a consideration of one factor may point to rebuttal of the presumption, consideration of the others may point to the presumption being upheld. |
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My wish is that you choose to give others the same presumption of good faith that you want to be given. |
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In Los Angeles, judges typically begin with the presumption of joint custody and work down from there, Phillips said. |
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Accordingly, there must, he submitted, be a presumption that an allegation of physical or sexual abuse cannot be established without the attendance of the accuser. |
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As such, even the his claim to have renounced the power of alchemy is still locked into its rhetorical presumption of the transmutability of self and world. |
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The principle is well settled that where there has been no misdirection on an issue of fact by the trial judge. the presumption is that his conclusion is correct. |
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They set down a policy to introduce initiatives, including the presumption that the council will consider prosecution in every case of fraud it uncovers. |
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Because the very function of a social network site is to disseminate information, a very strong presumption against an expectation of confidentiality could be inferred. |
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The presumption is rebuttable but absent judicial or attorney error, it's almost impossible. |
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A strong presumption of topographical reference can be posited for this bridge, given that a capriccio in the same set is based on the Tiber Island. |
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In most Western countries, the law values the presumption of innocence, where it is incumbent upon the person alleging an offence to prove that the offence has taken place. |
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The critic succeeds in overturning the presumption if she can show that the presumption's unassailability has served only to mask its indefensibility. |
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Natural scientists in general, and biologists in particular, often adopt some version of the Cartesian presumption that nonhuman animals are insensate machines made of meat. |
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There would be a fixed list of relationships covered by the statutory duty of care, creating an irrebuttable presumption that there was a close tie of love and affection. |
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Now, efficient market theory rests on the presumption that owners care what the managers of their firms do, and will take action against incompetent managers. |
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With the overturning of existing criminal law restrictions, however, the basis for the presumption that abortions were done for health-related reasons has been eroded. |
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The notion of escape from the present is ubiquitous in these works, consistent with the presumption underlying the idea of Utopia as a place of retreat from the present world. |
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I have been responding to my learned friend's submission that there was, in a sense, a presumption of concurrency which could be read into this legislation. |
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My own personal presumption is innocence until proven guilty. |
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It is at this point that the requirement of substantial grounds for a disqualifying apprehension of bias and the strong presumption of judicial impartiality are applicable. |
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Clearly if a presumption of undue influence is successfully raised the bank will find it almost impossible to rebut in the light of Peter's deception. |
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In a disappointing development for women's groups, the proposals on rape will not affect the burden of proof or the presumption of the defendant's innocence. |
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The presumption is that everyone who is required to appear before a tribunal has their costs paid by the state, whether there is a finding against them or not. |
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In the view of the Greens, that presumption cannot be justified. |
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The weight to be given to the presumption in favour of life when interpreting advance decisions will remain uncertain until more cases have been decided. |
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It is not right to say that there is a presumption in favour of reinstatement with the burden on the defendant to show that it would not be reasonable. |
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Regulation 24 creates a presumption in favour of no order for costs. |
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I do not think that it is helpful in this context, therefore, to regard the presumption in favour of the development plan as a governing or paramount one. |
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The inquiry does not begin with a legal presumption in favour of the custodial parent, although the custodial parent's views are entitled to great respect. |
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Labor will also make it more difficult for repeat offenders to get bail, no matter how minor the offence, by overturning the presumption in favour of bail. |
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I can't convince people there is a God and I really have no desire to, except in moments of arrogant presumption that somehow my knowledge is better than that of others. |
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Which will probably teach me something about arrogance and presumption. |
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For them, the original understanding is either always dispositive, or creates a strong presumption that can only be overcome by very powerful arguments. |
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Yet, despite these snippets pointing to renewed economic weakness globally, the presumption of a double dip is not as obvious as it first appears. |
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When the girls smile, he says in his most Brummie Italian, False presumption of binary opposition. |
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Llywelyn's elder brother Owain Goch disappears from the record in 1282 and the presumption is that he was murdered. |
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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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At trial, there is a presumption of guilt and the accused is often unable to examine witnesses and evidence or present a legal defense. |
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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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The remedy for this deficient rule is to make causation a rebuttable presumption. |
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Since many such imperfect conditions exist in virtually every market, there is in fact little presumption that markets are in general efficient. |
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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 rebuttable presumption afforded higher-priced QMs will likely do little to protect creditors. |
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This would mean that the presumption of innocence until sufficient proof of guilt is established would be weakened. |
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Characteristically, Elizabeth bristled at his presumption, and Sidney prudently retired from court. |
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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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Above all, the establishment of toleration helped to weaken the presumption that plurality in matters of faith inevitably caused social disorder. |
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Then with an impertinent presumption she came running out the front door with the maid moving in tow. |
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The rebuttable presumption in her favor has not been rebutted to date. |
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This is due to the age of the vehicle and a presumption of limited mileage. |
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Until the 1854 conference, the widespread presumption was that the discovery had been an accident. |
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American courts of last resort recognize a rebuttable presumption against overruling their own past decisions. |
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Perhaps that presumption was misguided, but more on that later. |
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At such a time the presumption may well be that all trials should be televised, or televisable. |
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This functions as an upward biological pump, reversing an earlier presumption that whales accelerate the loss of nutrients to the bottom. |
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The triumphant Apollo had Marsyas, a follower of the revelrous Achaean deity Dionysus, flayed for his presumption. |
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In fact society was more porous and there is evidence of the arriviste presumption of young artists in the period. |
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The court also noted that the Weavers offered no proof rebutting the presumption under Temp. |
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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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It was a plan of Louis Quatorzian presumption, and we all know what happens to people who push their luck. |
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It is absolutely central to Scottish and English law that there is a presumption of innocence. |
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Australian courts normally interpret statutes with a strong presumption that they do not apply retroactively. |
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If there is one feature common to all religions, it may be the message that there is a way out, a way up, from the slough of despond or the cave of presumption. |
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Procurators fiscal will be told that where offences have been motivated by a reaction to the crash, there will be a presumption in favour of criminal proceedings. |
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But to the frustration of corporate treasurers, many of the stocks aren't enjoying the expected price pops, despite the presumption that that is what a buyback would do. |
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In order to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee and active procurement of the gift. |
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Relevance theory claims that every act of ostensive communication is guided by the presumption of relevance, which enables people to draw inferences from the given stimulus. |
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When no special relationship exists, the question is whether there was a relationship of such trust and confidence that it should give rise to such a presumption. |
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The court noted that the presumption may be rebutted upon a showing of substantial credible evidence that the employee's duties did not contribute to the cause of his death. |
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In earlier eras, people often suggested that this presumption did not apply if the past decision, in the view of the court's current members, was demonstrably erroneous. |
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The possibility of lengthy remand periods was one reason why the Napoleonic Code was criticized for its de facto presumption of guilt, particularly in common law countries. |
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Indeed, the examples illustrating the use of the presumptions in paragraph could be construed as creating an irrebuttable presumption of a lobbying purpose. |
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The result is an unacceptable ethnocentric bias, a false presumption of Canadian sovereignty and even a potential weakening of the moral basis of the Canadian state itself. |
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