irrebuttable presumption

The argument must therefore be based upon an irrebuttable presumption as to parliamentary intent.

We are persuaded by these comments that an irrebuttable presumption is unnecessary.

It established an "irrebuttable presumption" that homosexuals were unfit to serve in these capacities.

Usually, there is in legal cases an irrebuttable presumption that people who are about to engage in an activity will comply with applicable law.

A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems.

The "racial justice" provisions of the bill would erect a virtually irrebuttable presumption of racial bias in capital sentencing based on raw statistical comparisons.

Because I see no justification for applying the Edwards irrebuttable presumption when a criminal suspect has actually consulted with his attorney, I respectfully dissent.

It could be argued that Gould's irrebuttable presumption finds its support in the fact that the judiciary has arrogated to itself the ultimate decision on all questions of law.

De'Leon went on to create and executive produce a number of independent films like the suspense thriller "Irrebuttable Presumption," "Undercover" and "Veronica's Secret."

That is so, he said, because the law itself is "fundamentally flawed" in creating an "irrebuttable presumption" that once all three criteria were met, nothing a club could say in its defense would matter.

"When somebody walks into a courtroom with a .10 reading, there's almost an irrebuttable presumption of guilt," said one Bergen County Municipal Court judge, who spoke only on the condition of anonymity.

The Butler Committee recommended that proof of severe mental disorder should be sufficient to negate responsibility, in effect creating an irrebuttable presumption of irresponsibility arising from proof of a severe mental disorder.

If the threatened criminal litigation does go forward, or similar allegations are brought in the future, the only recourse for judges who wish to foster the nation's free artistic spirit may be to finally grant an irrebuttable presumption of constitutionality to the arts.

It is equally true that Lord Diplock has stated that the normal presumption is that Parliament intends questions of law to be decided by the courts, but his Lordship did not state that this was an irrebuttable presumption.

The attitudes of the courts have altered, becoming more activist in recent years thereby demonstrating an increased desire to be the determinants of legal questions; but to build an irrebuttable presumption upon less than 25 years highly equivocal judicial practice is not meaningful.

The only exception to this rule excuses those of reduced capacity, whether as infants or through mental illness (for example, see the principle of doli incapax which raises an irrebuttable presumption in criminal law that an infant is incapable of committing a crime).

Moreover, if there is an irrebuttable presumption of doli incapax - that is, that the accused did not have sufficient understanding of the nature and quality of his actions-then the requisite mens rea is absent no matter what degree of probability might otherwise have been present.