Sentences with phrase «facie presumption»

So we went to look at it a second time, which I knew was when the net goes over you — if you can get someone to look at a house twice, there seeps in a kind of prima facie presumption that they're going to buy.

The provision shall further provide that a written statement by the liability insurer, whose name appears on the certification of financial responsibility made by the owner of any vehicle involved in an accident with the insured, that the other motor vehicle was not covered by insurance at the time of the accident with the insured shall operate as a prima facie presumption that the operator of the other motor vehicle was uninsured at the time of the accident with the insured for the purposes of recovery under this provision of the insured's liability insurance policy.

Moreover, the SCC endorsed the perspective that ``... while there is a prima facie presumption of inadmissibility, exceptions will be found when the justice of the case requires it».7 The SCC stated that «countervailing interests» have been found to include allegations of misrepresentation, preventing a plaintiff from being overcompensated, as well as fraud or undue influence.8

If so, that would account for his reluctance to convict, in spite of a prima facie presumption of guilt involved in the claim itself.

It is not helpful to confuse that necessary conversation and debate by injecting a formula such as the prima facie presumption against war.

Not exact matches

Joining the continuing debate over whether pacifism and just war doctrine share a prima facie «presumption against war» are Helmut David Baer of the University of Texas and Joseph Capizzi of the Catholic University of America.

Finally, and much as I appreciate rhetorical high spirits, I hope Professor Griffiths will permit me the observation that it really doesn't advance the ongoing debate to suggest that James Turner Johnson is blowing smoke when he explains how James Childress» seminal 1978 article on prima facie duties and the just war tradition jump - started the «presumption against war» trope.

The Challenge of Peace, without reference to the logic of prima facie duties, replicates the structure of Childress» argument exactly: just war theory begins with a presumption against war, and the just war criteria function to override this presumption (or to show that it should not be overridden) in particular cases.

It is simple confusion to think otherwise, and Johnson's recent effort (see FT January) to construe presumption - against in terms of worries about the inherent morality of war, or about the nature of prima facie duties, amounts to nothing more than the blowing of thick clouds of smoke.

The apparatus of scholarship is there, but the book's each and every claim represents a radical reduction of social reality and experience, particularly Faludi's presumption that any rethinking undertaken by any feminist at any time, if the thinker in question comes out at some place Faludi dislikes, constitutes a prima facie case that the woman in question has become a backlash pawn.

A prima facie case is the establishment of a legally required rebuttable presumption, and a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favour, provided such evidence is not rebutted by the other party.

«Because of the difficulties inherent in determining the extent to which the information contained in lawyers» bills of account is neutral information, and the importance of the constitutional values that disclosing it would endanger [i.e. such as the right not to self - incriminate], recognizing a presumption that such information falls prima facie within the privileged category will better ensure that the objectives of the solicitor - client privilege are achieved and helps keep impairments of solicitor - client privilege to a minimum,» the Supreme Court found in Maranda.

A post mark is prima facie proof that it was mailed and the presumption, that you have to rebut, is that it was received.

That case purported to reverse the presumption that a contract for the purchase and sale of land was prima facie enforceable by an order for specific performance.

One does not want to have to explain «presumption» or «consideration» or «prima facie case» (though Ontario stopped using that expression, and all Latin, in its statutes 25 years ago)-- one wants just to get on with the argument.

Such a registration certificate serves as prima facie evidence of copyright ownership, and establishes a rebuttable presumption of such ownership.