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Presumption Of Fact
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily pay a debt before term." The same concept was found ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inference
Inferences are steps in logical reasoning, moving from premises to logical consequences; etymologically, the word '' infer'' means to "carry forward". Inference is theoretically traditionally divided into deduction and induction, a distinction that in Europe dates at least to Aristotle (300s BC). Deduction is inference deriving logical conclusions from premises known or assumed to be true, with the laws of valid inference being studied in logic. Induction is inference from particular evidence to a universal conclusion. A third type of inference is sometimes distinguished, notably by Charles Sanders Peirce, contradistinguishing abduction from induction. Various fields study how inference is done in practice. Human inference (i.e. how humans draw conclusions) is traditionally studied within the fields of logic, argumentation studies, and cognitive psychology; artificial intelligence researchers develop automated inference systems to emulate human inference. Statist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Paternity
Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage. Generally associated with marriage, a presumption of paternity can also be made by court order, contact over time with a child, or simple cohabitation with the mother. If there is no presumption of paternity, a process such as recognition (family law), recognition may be used to establish paternity. See also * Presumption of legitimacy * Recognition (family law) References Family law Paternity {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agency (law), agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an legal instrument, instrument signed under Seal (contract law), seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be Notary, notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust (social Sciences)
Trust is the belief that another person will do what is expected. It brings with it a willingness for one social entity, party (the trustor) to become vulnerable to another party (the trustee), on the presumption that the trustee will act in ways that benefit the trustor. In addition, the trustor does not have control over the actions of the trustee. Scholars distinguish between generalized trust (also known as social trust), which is the extension of trust to a relatively large circle of unfamiliar others, and particularized trust, which is contingent on a specific situation or a specific relationship. As the trustor is uncertainty, uncertain about the outcome of the trustee's actions, the trustor can only develop and evaluate expectations. Such expectations are formed with a view to the motivations of the trustee, dependent on their characteristics, the situation, and their interaction. The uncertainty stems from the risk of failure or harm to the trustor if the trustee does n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influencing their vic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, such as obtaining a passport, travel document, or driver's licence. In cases of mortgage fraud, the perpetrator may attempt to qualify for a mortgage by way of false statements. Terminology Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Carrier
A common carrier in common law countries (corresponding to a public carrier in some civil law (legal system), civil law systems,Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods" usually called simply a ''carrier'') is a person or company that transports goods or people for any person or company and is Legal liability, responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body, which has usually been granted "ministerial authority" by the legislation that created it. The regulatory body may create, interpret, and enforce its regulations upon the common carrier (subject to judicial review) with independence and finality as long as it acts within the bounds of the enabling legislation. A common carrier (also called a ''public carrier'' in British English) is distinguished from a contract carrier, which is a carrier that transpor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Mailing
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some Evidence (law), evidence to the contrary) or the burden of proof (law), burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a Trier of fact, fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint Account
A joint account is a bank account that has been opened by two or more individuals or entities. Joint accounts are commonly opened by close relatives (such as by a married couple) or by business partners in an unincorporated business, but it can be used in other circumstances. Ordinarily, anyone can deposit funds into a joint account, but when opening an account the joint account holders may indicate to the financial institution whether a single account holder may make withdrawals or whether the consent of other account holders is required. A joint account is not the same as adding an authorized signatory or additional cardholder to an account, that is, a person who is authorized by the account holder to effect transactions on the account. Under this arrangement the primary account holder remains fully and solely liable for all transactions on the account. Accounts by corporate entities are not, in themselves, joint accounts. Opening an account When opening a joint bank accou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Simultaneous Death
Simultaneous death is a problem of inheritance which occurs when two people (sometimes referred to as commorientes) die at, or very near, the same time, and at least one of them is entitled to part or all of the other's estate on their death. This is usually the result of an un-natural death occurring from events such as an accident, a homicide, or a murder-suicide. Under the common law, if there was any evidence whatsoever that one party had survived the other, even by a few moments, then the estates would be distributed in that order. However, the decedents could write (or have written) a clause in the will that requires their property to be distributed as though each had predeceased the other. Some wills now include ''Titanic clauses'' (named for the RMS ''Titanic'', which caused many simultaneous deaths among testators and executors). These clauses lay out explicit instructions for dealing with simultaneous death. United States To alleviate problems of proving simultaneous ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption Of Survivorship
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily pay a debt before term." The same concept was foun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
