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The legislative presumption is invalid when it is entirely arbitrary, or creates an invidious discrimination, or operates to deprive a party of a reasonable opportunity to present the pertinent facts in his defense.
An issued patent, even if it is invalid, is entitled to a presumption of validity, and expensive litigation may be required to overcome this presumption.
Nevertheless, the Court substitutes, at least as respects the availability of the exclusionary rule in cases involving searches invalid under the Fourth Amendment, a presumption against the availability of decisions of this Court except prospectively.
The Court could find that the same factors that led it to reject the presumption in Halliburton rendered the agency action invalid.
A number of provisions were voided as vague,745 but the Court held invalid a new provision making Communist Party membership prima facie evidence of disqualification for employment because the opportunity to rebut the presumption was too limited.
were invalid.
The presumption!
Such presumption!
Ah, presumption!
Gorbachev ruled this invalid.
America deemed it "invalid".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com