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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 ...
A loaded question is a form of complex question that contains a controversial assumption (e.g., a presumption of guilt). [1] Such questions may be used as a rhetorical tool: the question attempts to limit direct replies to be those that serve the questioner's agenda. [2] The traditional example is the question "Have you stopped beating your wife?"
An example of that is the presupposition trigger too. This word triggers the presupposition that, roughly, something parallel to what is stated has happened. For example, if pronounced with emphasis on John, the following sentence triggers the presupposition that somebody other than John had dinner in New York last night.
In the petitio principii an assumption with respect to the subject-matter of an argument functions as a premise, in the complex question it is a similar assumption that shuts out some of the material possibilities of a situation and confines an issue within too narrow limits. As in the former case, so here, the only way of meeting the ...
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".
The presumption of notability exists because the Wikipedia community has reached a consensus that significant coverage in independent, reliable sources usually indicates that a topic is worthy of note and because most things are not inherently notable. However, the presumption is just an assumption or rule of thumb, and so it can be rebutted ...
Presumption of innocence and burden of proof in Deshaun Watson case. While presumption of innocence is considered a fundamental right when someone is charged with a crime in a court of law, it’s ...
An appraiser performing and communicating an appraisal under USPAP may estimate value assuming facts and conditions proscribed by a legal presumption, but a determination would have to be made whether the assumption is an extraordinary assumption or hypothetical condition and communicated appropriately as required under USPAP.