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Topic: Presumption

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	Presumption of innocence - Wikipedia, the free encyclopedia
		Presumption of innocence is a legal right that the accused enjoys in criminal trials in many modern nations.
		Many people believe that presumption of guilt is unfair and even immoral because it allows the strategic targeting of any individual, since it's often difficult to firmly establish proof of innocence (for example, it's often impossible to establish an alibi if the person is home alone at the time of the crime).
		Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments.
	en.wikipedia.org /wiki/Presumption_of_innocence (1362 words)

	CPF - Presumption Laws Covering Firefighters in California
		Such presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
		This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer.
		That presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of three calendar months for each full year of service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity.
	www.cpf.org /default/health__safety/california_firefighters_presumptions/index.cfm (1893 words)

	Legal Definition of Presumption
		Presumptions are used to relieve a party from having to actually prove the truth of the fact being presumed.
		To constitute such a presumption, a previous experience of the connection between the known and inferred facts is essential, of such a nature that as soon as the existence of the one is established, admitted or assumed, an inference as to the existence of the other arises, independently of any reasoning upon the subject.
		Legal presumptions are of two kinds: first, such as are made by the law itself, or presumptions of mere law; secondly, such as are to be made by a jury, or presumptions of law and fact.
	www.lectlaw.com /def2/p149.htm (497 words)

	presumption - definition by dict.die.net
		That which is presumed or assumed; that which is supposed or believed to be real or true, on evidence that is probable but not conclusive.
		The act of venturing beyond due beyond due bounds; an overstepping of the bounds of reverence, respect, or courtesy; forward, overconfident, or arrogant opinion or conduct; presumptuousness; arrogance; effrontery.
		Presumption of law (Law), a postulate applied in advance to all cases of a particular class; e.
	dict.die.net /presumption (145 words)

	Presumption of Compensability
		In a claim for Worker’s Compensation, an employee is entitled to a presumption that the employee’s claim is compensable under the Workers’ Compensation Act.
		The evidence presented by the employee was sufficient to invoke the presumption of compensability.
		The Director affirmed the compensation order, rejecting the employer’s claim that it had produced sufficient evidence to rebut the presumption of compensability, and agreeing with the Examiner’s statement that the employer’s doctor had contradicted himself by acknowledging that the injury to the right knee could have occurred in the manner alleged.
	www.jocs-law.com /rebutting_presumption_of_compensability.htm (443 words)

	SUMMA THEOLOGICA: Is presumption a sin? (Site not responding. Last check: 2007-11-01)
		Consequently presumption is a sin, but less grave than despair, since, on account of His infinite goodness, it is more proper to God to have mercy and to spare, than to punish: for the former becomes God in Himself, the latter becomes Him by reason of our sins.
		Presumption sometimes stands for hope, because even the right hope which we have in God seems to be presumption, if it be measured according to man's estate: yet it is not, if we look at the immensity of the goodness of God.
		Presumption does not denote excessive hope, as though man hoped too much in God; but through man hoping to obtain from God something unbecoming to Him; which is the same as to hope too little in Him, since it implies a depreciation of His power; as stated above (1, ad 1).
	www.newadvent.org /summa/302102.htm (444 words)

	CATHOLIC ENCYCLOPEDIA: Presumption
		It may be defined as the condition of a soul which, because of a badly regulated reliance on God's mercy and power, hopes for salvation without doing anything to deserve it, or for pardon of his sins without repenting of them.
		Presumption is said to offend against hope by excess, as despair by defect.
		The root-malice of presumption is that it denies the supernatural order, as in the first instance, or travesties the conception of the Divine attributes, as in the others.
	www.newadvent.org /cathen/12403a.htm (488 words)

	CITES BY TOPIC: presumption
		Every rebuttable presumption is either (a) a presumption affecting the burden of producing evidence or (b) a presumption affecting the burden of proof.
		In some cases, the presumption then vanishes entirely; in others, the presumption is thought to be so universally true that it remains in the case as evidence that may be considered by the jury.
		I think that the presumption which should govern instead in criminal trials in the courts of this country is the time-honored presumption of innocence accorded to all criminal defendants until they are proved guilty by competent evidence.
	famguardian.org /TaxFreedom/CitesByTopic/presumption.htm (6580 words)

	Presumption is a word that we must understand in today’s world (Site not responding. Last check: 2007-11-01)
		Presumption, as used in law, is a conclusion derived from a particular set of facts based on law, rather than probable reasoning.
		This whole procedure is based on a legal presumption that you are a criminal and were in possession of property being used in criminal activity.
		The first thing they want to do is validate their presumption that they have jurisdiction because you are the surety for the defendant, the Straw Man. Of course, they allow you to think that you ARE the defendant, but that is not possible because a legal fiction court can only have legal fictions as defendants.
	www.wealth4freedom.com /truth/presumption.htm (3374 words)

	Presumption Of Compensability - Labor Code &Sect;5402 - Appeals Board Reporter
		PRESUMPTION OF INJURY– Heart Trouble Presumption relating to correctional officers — Labor Code §3212.2—It is the employer's burden to show that any non-work-related event was the sole cause of the applicant's heart disease or that the heart disease was the result of a pre-existing disease unrelated to his job.
		PRESUMPTION OF COMPENSABLE INJURY– Heart trouble presumption– Labor Code §3212.5– The heart trouble presumption is not rebutted by either a physician's conclusion that he could not identify a specific thing either from applicant's work or non-work environment that precipitated applicant's heart attack, or another physician's attribution of the heart attack to cigarette smoking.
		PRESUMPTION OF INJURY– Labor Code §5402– The presumption of compensability does not apply to a claim for injury or death which is a compensable consequence of a prior industrial injury.
	www.appealsboardreporter.com /articles/ABR01-20051210-013.htm.aspx (4594 words)

	The Legal Meaning of Presumption of Innocence
		Your presumption of innocence does not mean that the court believes you are innocent.
		It is that you are assumed guilty because of the assertion made and until your presumption of innocence prevails your protestation of innocence is simply the challenge to the prosecution to prove its
		If the presumption were a presumption of title you would maintain the title unless the opposing party proved their assertion.
	tipmra.com /new_tipmra/presumption_of_innocence.htm (1020 words)

	CNN.com - Date rape: Misconceptions about presumption of innocence - Oct. 28, 2003
		The presumption of innocence is a requirement that applies only to the members of a jury in a criminal trial.
		A related notion regarding the presumption of innocence is that it obligates jurors and potential jurors to believe at the outset that a rape complainant is probably lying when she accuses a defendant of date rape.
		Though "date rape" is not a technical legal term, I use it here to distinguish rapes in which the victim and perpetrator are acquainted with each other prior to the crime, from "stranger rapes," in which the victim first encounters her attacker at the time of the assault.
	www.cnn.com /2003/LAW/10/28/findlaw.analysis.colb.date.rape (1289 words)

	Gleanings from Orthodox Christian Authors & the Holy Fathers - Presumption (Site not responding. Last check: 2007-11-01)
		presumption alone, without any other sin, is enough to destroy the soul; for he who regards his sins as trivial is allowed to fall into those that are greater...
		...presumption alone, without any other sin, is enough to destroy the soul; for he who regards his sins as trivial is allowed to fall into those that are greater..." St.
		Guard your speech from boasting and your thoughts from presumption; otherwise you may be abandoned by God and fall into sin.
	www.orthodox.net /gleanings/presumption.html (328 words)

	Intellectual Property Professional Information Center: High Court to Decide Whether Patent Raises Presumption of Market ...
		Subsequent bills in 1995 and 2001 proposing to eliminate the presumption died because of the issuance of the 1995 antitrust guidelines and the DOJ's opposition to congressional intervention when the courts are principally charged with the development of antitrust law.
		The presumption does not impose an unfair burden on patent holders, because they are best situated to determine whether a patent confers market power and thus rebut the presumption, the brief argues.
		The presumption should be abandoned to harmonize patent tying cases with modern economic theory, according to the brief.
	ipcenter.bna.com /pic2/ip.nsf/id/BNAP-6JKK6R?OpenDocument (4231 words)

	[No title]
		Each presumption is based upon a particular set of apparent facts paired with established laws, logic, reasoning or individual rights.
		A presumption is rebuttable in that it can be refuted by factual evidence.
		These are sometimes called rebuttable presumptions to distinguish them from absolute, conclusive or irrebuttable presumptions in which rules of law and logic dictate that there is no possible way the presumption can be disproved.
	dictionary.law.com /definition2.asp?selected=1592&bold=\|\|\|\| (131 words)

	Antitrust Law Blog: Of Bats And Sunshine: Presumption Of Market Power In Patent Tying Case Alive But Rebuttable
		Notwithstanding the district court's finding that, assuming a presumption, it had been rebutted, it was necessary for the Court of Appeals to remand the case to the district court for better rebuttal.
		Thus, as in Independent Ink, if there need be a presumption at all, it is surely a rebuttable presumption, and one that should be litigated by the parties to the action in the good old fashioned way: by the presentation of evidence.
		The presumption of market power arising from the grant of a patent may be alive, awaiting burial by the Supreme Court.
	www.antitrustlawblog.com /article-of-bats-and-sunshine-presumption-of-market-power-in-patent-tying-case-alive-but-rebuttable.html (1767 words)

	Untitled Document
		The presumption of law that a person is presumed to know the general public laws of his or her state of residence and of the United States has been stated by many courts as indicative of public policy.
		According to the state statute, bail may not be obtained where "the proof is evident or the presumption great" that the defendant committed a capital offense or an offense for which he may be sentenced to life imprisonment.
		May a state have a presumption of innocence for trial purposes and at the same time maintain that a defendant must prove innocence or at least prove that the evidence of his guilt was not strong in order to obtain pretrial release on bail?
	www.csustan.edu /cj/evidence/chap6sa.htm (761 words)

	Intellectual Property Professional Information Center: Justices Hear Tying Case Involving Market Power Presumption for ...
		If the Supreme Court were to affirm the presumption here, and place the burden on the defendant to disprove market power, that would encourage competitors to file lawsuits just to take advantage of the market power presumption, which is a critical element in a Section 1 case.
		The presumption makes economic sense, Sullivan said, since a patent tied to another product is likely to create market power and raise barriers to entry against competitors, which is what the patent holder intended to do by instituting the tie.
		The respondent claims that the presumption is justified because most patent tying arrangements are in the form of requirements ties, which are used to meter usage, and which allegedly cannot be imposed absent market power, he said.
	ipcenter.bna.com /pic2/ip.nsf/id/BNAP-6JSM7P?OpenDocument (2957 words)

	ECC Forum & Fellowship - Circular Reasoning and Presumption
		Presumption is why a jury is allowed to only judge the facts in light of the statute or law transgressed.
		To hold the presumption that Paul used the citizenship status of Saul of Tarsus as a "tool" to 'cooperate' but not 'participate' in the Roman system of government is simply that, a presumption.
		This is presumption and personal opinion which has some validity rationalized through his beheading at the end of that two years by the very government he had appealed to.
	ecclesia.org /forum/topic.asp?TOPIC_ID=363 (7640 words)

	Jamaica Gleaner - The presumption of innocence - Sunday \| June 18, 2000 (Site not responding. Last check: 2007-11-01)
		It is a presumption that can only be rebutted by the prosecution proving its case against the accused.
		It is bad enough for a member of the legal profession to disregard in such a manner any protection, which he or she goes so far as to identify as being constitutionally enshrined.
		If then a subjective and automatic rebuttal of the presumption of innocence of those accused of the murder of attorney-at-law Shirley Playfair is behind the inability of those accused to secure legal representation, then this country is indeed in serious trouble.
	www.jamaica-gleaner.com /gleaner/20000618/Cleisure/Cleisure1.html (431 words)

	Rebuttable Presumption of "n"egligence
		ypically, this approach states that the violation of a statute is presumptively an act which the trier of fact must conclude to be "n"egligent, unless such presumption is otherwise rebutted by evidence of some proper excuse or justification for violating the statutory standard of care.
		If no excuse is offered by the statutory violator, then this presumption of "n"egligence approach becomes identical in all material respects with the negligence per se approach whereby the jury is instructed that it must find "n"egligence.
		Thus, the procedural effect of the rebuttable presumption of "n"egligence approach to statutory violations is exactly the same as in the evidence of "n"egligence approach in every case where the statutory violator offers any evidence to justify or otherwise excuse an alleged statutory violation.
	www.samford.edu /schools/netlaw/Martin/torts1/nps/presumption.htm (267 words)

	A comprehensive, legal analysis about the presumption of innocence.
		In other words the arresting officer essentially swears to the court that there is sufficient evidence to prove his assertion that you are guilty.
		It is that you are assumed guilty because of the assertion made and until your presumption of innocence prevails your protestation of innocence is simply the challenge to the prosecution to prove its case.
		If the presumption is innocence you do not have to prove innocence as it is a given.
	www.geocities.com /botenth/innocent.htm (1131 words)

	The Presumption of Atheism (Site not responding. Last check: 2007-11-01)
		The presumption of atheism and the presumption of innocence.
		It is, therefore, worth underlining that when the presumption of atheism is explained as insisting that the onus of proof must be on the theist, the word 'proof 'is being used in the ordinary wide sense in which it can embrace any and every variety of sufficient reason.
		To insist on the correctness of this presumption as an initial presumption is to make a claim which is itself procedural rather than substantive; and the context for which this particular procedure is being recommended is that of justification rather than of discovery.
	www.positiveatheism.org /writ/flew01.htm (6648 words)

	There is Something Fishy About a Presumption of Obviousness
		To patent practitioners, a presumption that an invention is unpatentable because it is presumed to be obvious sounds fishy.
		Besides the fact that such presumption of obviousness is discriminatory for singling out business method inventors and probably useless, [6] something appears fundamentally wrong with such a presumption.
		This article considers the constitutionality of this proposed presumption of obviousness, and exposes the lack of support for this presumption in early U.S. patent statutes and the inconsistency it would create with the well-established prima facie concept.
	www.oblon.com /Pub/signorejptosfishy.htm (3848 words)

	Presumption Introduction
		The role in Presumption was under these circumstances a logical one for him, and it firmly established his reputation.
		Known for the "dignity of movement and majesty of action" he brought to his acting, Wallack was nevertheless faulted for a lack of dramatic fervor and for an inability to sustain touching pathos.
		Presumption; or, The Fate of Frankenstein (later retitled Frankenstein; or, The Dangers of Presumption).
	www.unl.edu /sbehrend/html/sbsite/texts/Presumption/Intro.htm (5522 words)

	The Presumption of Sexual Guilt
		In framing shield laws to protect the accuser, legislatures continue to not so subtly chip away at the presumption of innocence by characterizing the accuser as a victim.
		The admissibility of evidence must be dictated by its relevance to the allegations, not its impact on the alleged victim.
		As long as our society maintains that justice is not served by any presumptions of guilt, laws should not encourage those presumptions, no matter how heinous the alleged crime.
	www.cfif.org /htdocs/freedomline/current/guest_commentary/presumption_sexual_guilt.htm (877 words)

	Presumption of guilt - 'Closing Argument' by Dan Abrams - MSNBC.com
		The presumption of innocence does not and should not exist outside a courtroom.
		John Doe was arrested today on charges of smuggling drugs, but since the presumption of innocence applies, we must assume the authorities got it wrong or we must presume it was sugar, not cocaine in his possession.
		Inside a courtroom, they’re going to have prove their case beyond a reasonable doubt, and they may turn out to be dead wrong.
	www.msnbc.msn.com /id/5343998 (611 words)

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