On ARPAnet's SPACE mailing list, the presumption was that new users would download archived past messages through ftp.

Because a trial would require the " presumption of innocence ," such a proceeding would contradict the mission of the National Convention.

The Catholic Encyclopedia author then explains the identification of Mary of Bethany with Mary Magdalene by the presumption that, because of Jesus ’ high praise of her deed of anointing him, it would be incredible that she should also not have been at his crucifixion and resurrection.

Opponents, usually lawyers and leftist political parties, argued that plea bargaining would greatly infringe on the rights of defense, the long-standing constitutional right of presumption of innocence, the rights of suspects in police custody, and the right to a fair trial.

Sokal reasoned that, if the presumption of editorial laziness is correct, the nonsensical content of his article would be irrelevant to whether the editors would publish it.

Some academics ( such as Thomas Alured Faunce ) feel that whistleblowers should at least be entitled to a rebuttable presumption that they are attempting to apply ethical principles in the face of obstacles and that whistleblowing would be more respected in governance systems if it had a firmer academic basis in virtue ethics.

Napoleon felt secure in the presumption that the war with Austria would be drawn out, or would result in Austrian victory, when he agreed not to intervene in 1864.

Under this test, any debtor with more than $ 182. 50 in monthly disposable income, under the formula, would face a presumption of abuse.

Most Roman emperors indicated their choice of successor, usually a close family member or adopted heir, but the presumption that the eldest or even a natural son would inherit was not enshrined.

The Reno Memo established a " presumption " in favor of disclosure by providing that " it shall be the policy of the Department of Justice to defend the assertion of a FOIA exemption only in those cases where the agency reasonably foresees that disclosure would be harmful to an interest protected by that exemption.

His idea was based on the presumption that Pakistan, containing Sikh-inhabitated territories, would be formed as an Islamic theocratic state one day, and it would be hostile to the Sikhism.

One argument made to justify the non-existence of a permanent deputy premiership is that such an office-holder would be seen as possessing a presumption of succession to the premiership, thereby effectively limiting the sovereign's right to choose a prime minister.

The ruling concerning the choice of law ( lex originis for determining copyright ownership and lex loci delicti for the infringement ) was contrary to the previous presumption that only the law where the infringement occurred ( i. e., lex loci delicti ) would apply.

On 8 September 2006, Clarke gave an interview to the Evening Standard in which he criticised the ' presumption ' that Gordon Brown would succeed Tony Blair as Prime Minister, helping trigger further disputes about the Labour leadership.

The primary argument put forward by States for restricting ballot access has been the presumption that setting ballot access criteria too low would result in numerous candidates on the ballot, splitting the votes of similar minded voters.

The song only referred to Conlan by his last name, with the presumption that the listener would know he was referring to the famous umpire.

In order " to discourage applicants for smaller communities who would be merely substandard stations for neighboring, larger communities ," the FCC established the so-called " Suburban Community presumption " which required applicants for AM stations in such markets to demonstrate that they had ascertained the unmet programming needs of the specific communities and were prepared to satisfy those needs.

The generic name is derived from Latin avia, " grandmother ", and tyrannus, " tyrant ", on the presumption tyrannis would be its genitive.

: That this House agrees that on the separation of parents, priority should be given to the interests of the children ; believes that it is in the best interests of all children for both parents to be fully involved in their upbringing and hence that separated parents should each have a legal presumption of reasonable contact with their children, except where a child's safety would be at risk, so that children are able to benefit from being parented by both their parents, as well as from contact with any grandparents and extended family members able and willing to play a role in their upbringing ; regrets the Government's opposition to such a legal presumption, which will lead to yet more children being denied access to both their parents and their extended families ; views with concern the Government's failure to implement the Early Intervention Project ; and calls on the Government to replace the legal term ' contact ' with ' parenting time ', to introduce a legal presumption of co-parenting and to introduce early intervention in parental separation, with court-backed mediation and guidelines on parenting-time.

Two undated inscriptions appear to be in a different dialect, termed Aequian by the scholars with the presumption that in fact they represent the language of the entire pre-Roman tribe.

From this presumption it is an easy step to the conclusion that any observed increases in the basic wage rate must be due to union behavior different and more aggressive than assumed in our model.

Neither 495 nor 532 may be treated as reliable, however, the latter date relies on the presumption that the Regnal List is correct in presenting the kings of Wessex as having succeeded one another, with no omitted kings, no joint kingships, and that the durations of the reigns are correct as given.

Section 2 of the Act limits the common law presumption that conduct may be treated as contempt regardless of intention: now only cases where there is a substantial risk of serious prejudice to a trial are affected.

There is a presumption in the classic example of a definition that the definiens can be stated.

But the Butler Committee recommended that proof of severe mental disorder should be sufficient to negate responsibility, in effect creating an irrebuttable presumption of irresponsibility arising from proof of a severe mental disorder.

The Daily Universal Register of 11 November 1786 had stated: " the Botany Bay scheme is laid aside, as there is a strong presumption that a squadron from Brest are now, or soon will be, in possession of the very spot we meant to occupy in New Holland ".

This presumption may be rebutted however by proving that the ring was given on condition ( express or implied ) that it must be returned if the marriage did not take place, for whatever reason.

On the presumption that the language is Greek, Vesuvius might be a Latinization of the negative οὔ ( ve ) prefixed to a root from or related to the Greek word σβέννυμι = " I quench ", in the sense of " unquenchable ".

To emphasise the general principle that justice should rise from the people and not be dictated by the law-making powers of governments, Rawls asserted that, " There is ... a general presumption against imposing legal and other restrictions on conduct without sufficient reason.

* Docilitas — The kind of open-mindedness that recognizes the true variety of things and situations to be experienced, and does not cage itself in any presumption of deceptive knowledge ; the ability to make use of the experience and authority of others to make prudent decisions

This presumption can be rebutted, for instance, in circumstances of mental illness or other incompetence.

In other jurisdictions ( e. g. England, Australia, Canada ), this presumption may be rebutted through proof that the minor is ‘ mature ’ ( the ‘ Gillick standard ’).

* Presumption of competence: Just as legal systems work on the presumption that a person is innocent until proven guilty, individuals accused of crimes should not be presumed incompetent simply because a doctor or psychiatrist labels them as such.

The standard that must be met by the prosecution's evidence in a criminal prosecution is that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

If a presumption of abuse is found under the means test, it may only be rebutted in the case of " special circumstances.

In the green belt there is a general presumption against inappropriate development, unless very special circumstances can be demonstrated to show that the benefits of the development will outweigh the harm caused to the green belt.

In order to re-affirm basic principles of democratic civilisation, the alleged criminals were not executed in public squares or sent to torture camps, but instead treated as criminals: with a regular trial, the right to defense and the presumption of innocence.

This was because there was no rational connection between basic possession and the presumption of trafficking, and therefore the shift in onus is not related to the previous challenge to section 11 ( d ) of the charter.

Article 14 ( 1 ) establishes the basic right to a fair trial, article 14 ( 2 ) provides for the presumption of innocence, and article 14 ( 3 ) sets out a list of minimum fair trial rights in criminal proceedings.

* examples of presumption without basic facts: Presumption of innocence

* example of presumption with basic facts: Death in absentia, e. g. law says if a person has been missing for 7 years or more ( basic fact ), that person shall be presumed to be dead.

This presumption is well established under the common law ; the much-celebrated case of Woolmington v DPP laid down the basic criminal law principle that it is the duty of the prosecution to prove the defendant's guilt subject to the defence of insanity and statutory exceptions.

Three psychologists from the Universities of Liverpool and Hull are questioning the basic presumption that you can draw conclusions about a person from a single instance of behaviour under such special circumstances.