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rebuttable presumption |
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rebuttable presumption A law of evidence that something will be considered true (the presumption) until it is proven untrue (rebutted).When a rebuttable presumption has been created,it normally shifts the burden of proof to a different party than would normally have it. For example, • In some jurisdictions, if a bankrupt debtor company owns only one asset, and that asset was transferred to the company shortly before it filed for bankruptcy, then there is a rebuttable presumption that the transfer was fraudulent and intended to isolate that one asset and its creditors from other assets belonging to the original owner. The debtor must prove the transfer was not fraudulent, rather than the creditor being required to prove it was fraudulent. • In some states, when spouses take property as joint tenants with rights of survivorship, but one spouse provided all the money for the purchase, there is a rebuttable presumption that a gift was intended to the other spouse. As a result, if the one providing the money wishes the whole of the property upon divorce, and the state is not a community property state, then the paying spouse has the burden of proving it did not intend a gift to the nonpaying spouse. • If there is a boundary line dispute and one party destroys evidence, such as tearing down a fence or removing markers or pins, there is a rebuttable presumption that the evidence would have been adverse to the party who destroyed the evidence. Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content. |
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No references found | The 1996 regulations also instituted a "36-month rule," which created a rebuttable presumption that if a creditor had not received a payment on a loan in 36 months, it was required to issue Form 1099-C. John Beavon, Trading Standards Manager at Walsall Council, said: "Adopting the policy would create a rebuttable presumption that applications for new premises licenses or club premises certificates that are likely to add to the existing cumulative impact will normally be refused. How the KCSA Operates Now: The Rebuttable Presumption of Detriment In its effort to protect children who have been subjected to sexual abuse, the KCSA creates a rebuttable presumption of detriment to a child when a parent or caregiver has "been found guilty, regardless of adjudication, or has entered a plea of guilty or nolo contendere to" certain specified crimes (7) or has been determined by a court to be a sexual predator. |
rebuttable presumption |
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