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An extremely low standard of judicial review, there is a presumption that the legislation in question is constitutional and the challenging party must show that the law fails the test. Most legislation enacted by Congress or state legislatures that deals with economic regulation falls under rational basis review and, therefore, must only be ...
For a compound proposition to be true, the truth values of its constituent parts must satisfy the relevant logical connectives that occur in it (most commonly: [and], [or], [not], [only if], [if and only if]). The following fallacies involve relations whose truth values are not guaranteed and therefore not guaranteed to yield true conclusions.
A loaded question is a form of complex question that contains a controversial assumption (e.g., a presumption of guilt). [1]Such questions may be used as a rhetorical tool: the question attempts to limit direct replies to be those that serve the questioner's agenda. [2]
Where legislation and case law are in conflict, there is a presumption that legislation takes precedence insofar as there is any inconsistency. In the United Kingdom this principle is known as parliamentary sovereignty ; but while Parliament has exclusive competence to legislate, the courts (mindful of their historic role of having developed ...
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 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 ...
It removes the current presumption in favour of a Jury trial. It introduces new statutory defences of truth, honest opinion, and "publication on a matter of public interest", to replace the common law defences of justification, fair comment, and the Reynolds defence respectively, and a completely new defence applying to peer-reviewed ...
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. [1]
Revelation may be defined as truth emanating from God. Many religions fundamentally rely on revelation as a test of truth. This criterion is subject to the same criticisms as intuition. It may be a valid reference of truth for an individual, but it is inadequate for providing a coherent proof of the knowledge to others. [14]