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In linguistics and philosophy, a presupposition is an implicit assumption about the world or background belief relating to an utterance whose truth is taken for granted in discourse. Examples of presuppositions include: Jane no longer writes fiction. Presupposition: Jane once wrote fiction. Have you stopped eating meat?
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
Held that an organization may sue in its own right if it has been directly injured, for example through a "drain on the organization's resources", and that so-called "testers", individuals who sought to determine if a company was in violation of the law, may have standing in their own right. [8] 9–0 [9] City of Los Angeles v. Lyons: 1983
Appeal to probability – taking something for granted because it would probably be the case (or might possibly be the case). [3] [4] Argument from fallacy (also known as the fallacy fallacy) – the assumption that, if a particular argument for a "conclusion" is fallacious, then the conclusion by itself is false. [5]
In Director of Public Prosecutions v.Labavarde and Anor, Neerunjun C.J. said that article 11(1) of the Universal Declaration of Human Rights and article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms would be infringed if "the whole burden is ... cast on the defence by the creation of a presumption of guilt on the mere preferment of the criminal charge".
Arguendo is a Latin legal term meaning for the sake of argument. "Assuming, arguendo, that ..."and similar phrases are used in courtroom settings, academic legal settings, and occasionally in other domains, to designate provisional and unendorsed assumptions that will be made at the beginning of an argument in order to explore their implications.
Anders then requested that the California District Court of Appeal appoint appellate counsel for him, which was granted. Anders' counsel, after review of the case and discussion with Anders, determined that no non-frivolous grounds for appeal existed, and notified the court by letter that counsel would not file an appeal, and that Anders wanted ...
Another example of equitable estoppel is the case of Sakharam Ganesh Pandit, an Indian emigrant and lawyer who was granted American citizenship in 1914 due to his designation as "white". Subsequently, Pandit bought property, was admitted to the California bar, married a white woman, and renounced his rights to property and inheritance in ...