Sentence examples for presumed facts from inspiring English sources

"Why didn't Mr. Zaborsky offer more active suggestions, a more specific effort to help, rather than a passive throwing up of the hands?" the judge inquired, adding that her questions weren't presumed facts or an indication of her verdict.

It analyzes the constitutionality of two different presumption statutes (one mandatory and one permissive) as they apply to the basic fact of possession of both heroin and cocaine, and the presumed facts of importation and distribution of narcotic drugs.

Indeed, when drawing from the usual resources for theorizing in political philosophy — principles, facts (including presumed facts), and intuitions from thought experiments — cosmopolitan authors typically stress the importance of principles, while pro-nationalists stress that of facts.

[I]f evidence to the contrary of a presumed fact is offered, the existence or non-existence of such fact shall be for the trier of fact, unless the evidence is such that the minds of reasonable men would not differ as to the existence or nonexistence of the presumed fact.

Conversely, it is logical to conclude that rebuttal evidence sufficient to create a genuine issue of fact so that the "minds of reasonable men" could find that the presumed fact had not been established, is the quantum of evidence necessary to overcome the presumption, and is sufficient to make the existence or non-existence of the presumed fact a question for the jury.

The effect of such a presumption is to require defendant to come forward with evidence sufficient to rebut the presumption, or risk a directed finding against it as to the presumed fact.

Plaintiffs contend that there was no rebuttal evidence contrary to the presumed fact that Graves would have read a warning had it been given, and, for that reason, proximate cause was not an issue in the case.

Under the rule, an assumed fact must be taken to exist if evidence contrary to the assumed fact does not create a genuine issue of fact; i.e. if "reasonable men would not differ as to the existence or non-existence of the presumed fact". Id.; Harvey v. Craw, 110 N.J.

It may well be that even those presumptions that do not shift the burden of persuasion cannot be used to prove an element of the offense, if the facts proved would not permit a reasonable mind to find the presumed fact beyond a reasonable doubt.

If the logic of Fermi's argument is right, it will spell doom and frustration for astronomers' efforts to detect radio transmissions from distant societies, the project known as SETI, or the Search for Extraterrestrial Intelligence, because the presumed fact that they are not here means they are not there.

Perhaps it is to do with the presumed fact that novels are more intimate expressions of their creator's sensibilities – which prompts us to commit the fallacy of assuming that a sex scene in a novel is a write-up of what the author did earlier.