假定
...nv.Lewis一案中,通过总结以往 的诸多案例,对商业判断规则做出了这样的概括:商业判断规则是基于这样一种 假定(Presumption),即公司的董事们在做出商业决策时(该法院在随后的分析 后指出,这种商业决策的内容,既可以是一种积极的作为,也可以是一种消极...
[科技] 推定
正 推定(Presumption)是指当保险关系处于不能确定或不能完全确定的状态时,根据保险事实之间的常态联系依一定的规则推断出一定的保险事实,从而使保险关...
推论
... preservation of exist bank line现存银行银行存款额数的保留 presumption推论 pretax rate税前利率 ...
推测
... 假冒(的),虚伪(的):sham 假定,推测;专横,冒昧:presumption 假的;谬误的;假造的,人造的:false ...
无罪推定原则 ; 无罪推定 ; 原则 ; 无罪假设
事实的推定 ; 事实推定 ; 事实之推测
可予驳回的推定 ; 允许反驳的推定 ; 可反驳的推定 ; 可驳回推定
In the law of evidence, a presumption of a particular fact can be made without the aid of proof in some situations. The types of presumption include a rebuttable discretionary presumption, a rebuttable mandatory presumption, and an irrebuttable or conclusive presumption. The invocation of a presumption shifts the burden of proof from one party to the opposing party in a court trial. Presumptions are sometimes categorized into two types: presumptions without basic facts, and presumptions with basic facts. In the United States, mandatory presumptions are impermissible in criminal cases, but permissible presumptions are allowed.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 in ancient Roman law, where, for example, if there was doubt as to whether a child was really the issue of someone who had left money in a will, the presumption was in favour of the child. Medieval Roman and canon law graded presumptions according to strength: light, medium or probable, and violent. These gradings and many individual presumptions were taken over into English law in the seventeenth century by Edward Coke.There are two types of presumption: rebuttable presumption and conclusive presumption. An example of presumption without basic facts is presumption of innocence.An example of presumption with basic facts is Declared death in absentia, e.g., the law says if a person has been missing for seven years or more (basic fact), that person is presumed dead.[citation needed]