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Eight decades ago, federal lawyers wrestled with this same dilemma as the government imprisoned more than 100,000 innocent Japanese Americans from the West Coast on account of their ancestry.
The McDonnell Douglas case established that, in an employment discrimination case: The plaintiff (employee) must first establish a prima facie case of discrimination. [9] The defendant (employer) must produce evidence of a legitimate non-discriminatory reason for its actions. If this occurs, then the presumption of discrimination dissipates. [11]
A false dilemma is a fallacy of presumption based on a false disjunctive claim that oversimplifies reality by excluding viable alternatives. [16] [12] For example, a false dilemma is committed when it is claimed that "Stacey spoke out against capitalism, therefore she must be a communist". One of the options excluded is that Stacey may be ...
False authority (single authority) – using an expert of dubious credentials or using only one opinion to promote a product or idea. Related to the appeal to authority. False dilemma (false dichotomy, fallacy of bifurcation, black-or-white fallacy) – two alternative statements are given as the only possible options when, in reality, there ...
In addition, certain contracts are required by state law to be in writing (real estate transactions, for example), while others are not. [2] Wade and Honeyman [3] describe a ‘durable’ contract as one in which all parties substantially perform without abandonment and without resorting to legal proceedings. With only anecdotal evidence, it is ...
A false dilemma, also referred to as false dichotomy or false binary, is an informal fallacy based on a premise that erroneously limits what options are available. The source of the fallacy lies not in an invalid form of inference but in a false premise.
The lump of labour fallacy has been applied to concerns around immigration and labour. Given a fixed availability of employment, the lump of labour position argues that allowing immigration of working-age people reduces the availability of work for native-born workers ("they are taking our jobs"). [5]
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 ...