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This is a very difficult standard to prove, but the state does provide some statutory presumptions of fraudulent intent.
Britain's intelligence and security committee pushes for 'statutory presumption against disclosure of intelligence material'
Some jurisdictions have ameliorated specific problems of the rule by creating statutory presumptions to counter those problems.
He said a "statutory presumption against disclosure of intelligence material" would "clarify" for judges that intelligence material should not be released.
The attempt failed when the defendants could offer no evidence to oust the statutory presumption that Parliamentary acts apply to the entire United Kingdom.
The committee wants either the introduction of "a statutory presumption against disclosure of any intelligence material", or the introduction of a "state secrets" privilege.
Thus, the creation of a statutory presumption to facilitate convictions for failure to pay a debt that could not be otherwise prosecuted was found to be invalid.
(b) Continuations There is a statutory presumption that where a partnership continues after the time fixed for its termination the provisions of the original agreement will continue to apply.
"Irrebuttable statutory presumptions created by the Adoption and Safe Families Act (ASFA) violated state and federal constitutional due process requirements," his September decision concluded.
By s 7 of the Interpretation Act 1978, proof of prepaid posting to the proper address raises a statutory presumption of delivery (provided that the document has not been returned through the Post Office as undelivered).
Interpreting (Evaluating) Witness: Sometimes not needed 1) when test result is self-explanatory or pass-fail, or 2) when there is a statutory presumption obviating the need (e.g. drunk driving statutes and a test showing raised blood alcohol levels).
After more than a decade of concern over different aspects of the bail process, steps were taken to reduce the number of defendants remanded in custody by introducing a statutory presumption in favour of bail (section 4 of the Act), and by seeking to structure the decision-making process so that magistrates would give effect to it.