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.

References in periodicals archive ?
Instead, it makes meaningful improvements to the so-called 60-day rebuttable presumption that provide clear boundaries between permissible and prohibited trading.
Minnesota Statute 518.175, subdivision 1, now says that the court shall grant such parenting time in the best interests of the child, with a rebuttable presumption that a parent is entitled to 25 percent of parenting time.
28, 2017, does away with the "rebuttable presumption." Instead, it now says plaintiffs can recover only the "actual cost" of their medical care.
The question then becomes how to determine whether a statutory rebuttable presumption that is not expressly created as one affecting the burden of proof is a presumption that implements public policy.
I further suggest that when any prescription drug passes certain milestones--x million prescriptions sold overy years with a risk profile similar to, say, ibuprofen or aspirin--there should be a rebuttable presumption that the drug becomes OTC-eligible.
Most importantly, the Council created the rebuttable presumption of harassment upon the landlord in any court proceeding alleging tenant harassment.
FCC (1) the Court of Appeals for the District of Columbia Circuit upheld the FCC's reversal of "a decades-old, rebuttable presumption that determined whether state and local franchising authorities may regulate cable rates." (2) The D.C.
| Allowing chief police officers additional discretion to withhold disclosure, taking into account age and the circumstances of the offences, with a rebuttable presumption against disclosure of offences committed during childhood.
| considering the feasibility of extending this new approach, possibly with modifications, to the disclosure of offences committed by young adults up to the age of 25 | allowing chief police officers additional discretion to withhold disclosure, taking into account age and the circumstances of the offences, with a rebuttable presumption against disclosure of offences committed during childhood, and | giving individuals the right to apply for a review by the Independent Monitor of police decisions to disclose convictions of cautions.
This, Villanueva said, therefore '(gave) rise at least to the rebuttable presumption that (Marcelino's) true objective was unlawful.'
"This is based on the fact that the premises is situated within a cumulative impact area, where the rebuttable presumption is that an application will be refused unless it can be shown that the premises concerned will not add to the cumulative impact on the licensing objectives being experienced.
Rebuttable Presumption of Significant Public Benefit for Reformulation