In Fragment 9 (seen earlier in Fragment 1), we can see another case of presumption in the call-handler's response to the caller's answer to the question.
An analysis of our prior cases indicates that the answer to this inquiry depends on the type of presumption that is involved in the case.
The House of Lords rejected the argument that the relevant statutory provisions required "individual consideration of individual cases in every instance, free of presumptions or policies", and held that it would be difficult to understand how a Secretary of State could properly manage the complexities of his statutory duty without a policy.
Chicago, St. P., M. & O.R. Co., 266 U.S. 42, 66, 45 S.Ct. 18, 20, 69 L.Ed. 162 ('In criminal contempts, as in criminal cases, the presumption of innocence obtains. Proof of guilt must be beyond reasonable doubt * * *.'); Gompers v. Buck's Stove & Range Co., 221 U.S. 418, 444, 31 S.Ct.
Laboratory analysis of samples returns conclusive results in only a minority of cases, so a presumption of infection is used where all the other indications point to the presence of P. ramorum infection.
Mr. Weinberg, the Boston defense lawyer, said that even in infamous cases, the presumption of innocence remains important.
As applied to the facts of this case, the presumption of possession is entirely rational.
A note from the European parliament states that, according to the new regulations, internet access may only be cut off if "appropriate, proportionate and necessary within a democratic society" and only after "a prior, fair and impartial procedure" that gives users the opportunity to state their case and respects "the principle of presumption of innocence and the right to privacy".
Cf. American Geophysical Union v. Texaco, Inc., 60 F.3d 913, 921-22 (2d Cir. 1995) (amended opinion) (rejecting, on grounds of Acuff-Rose and collected cases, presumption of unfairness for commercial use as applied to Texaco's intermediate copying of copyrighted articles).
The learned counsel was quite right in saying that there are many accidents from which no presumption of negligence can arise, but I think it would be wrong tolay down asa rule that in no case can presumption of negligence arise from the fact of an accident.
