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presumption

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advancement

advancement  

Reference type:
Overview Page
Subject:
Law
Improvement in one's position in the world; an advantage in life. Advancement occurs in two main legal contexts.(1) Where a purchaser pays for property (e.g. real estate or shares) ...
age

age  

Reference type:
Overview Page
Subject:
Law
A person is considered to have full legal capacity on attaining the age of 18 years (see adult). Generally a child is understood to be a person under 18. The ...
agency

agency  

Reference type:
Overview Page
Subject:
Law
N.1 The relationship between an agent and his principal.2 The business carried on by an agent.
boundary by watercourse

boundary by watercourse  

Reference type:
Overview Page
Subject:
Law
The boundary of a territory, or a parcel or lot of land, determined by reference to a watercourse. Boundaries marked by tidal watercourses may be subject to accretion. Where watercourses ...
conclusive

conclusive  

Reference type:
Overview Page
Subject:
Law
Incapable of being contradicted, for reasons of inescapable logic or by operation of law (e.g. an irrebuttable presumption).
constructive

constructive  

Reference type:
Overview Page
Subject:
Philosophy
Adj.Describing anything that is deemed by law to exist or to have happened, even though that is not in fact the case.
Consumer Credit Code

Consumer Credit Code  

Reference type:
Overview Page
Subject:
Law
Uniform legislation passed to regulate all forms of consumer lending and to all credit providers, passed by all jurisdictions in Australia. Because the legislation was passed as template legislation ...
deeming

deeming  

Reference type:
Overview Page
Subject:
Law
Treating or regarding a thing, event, or proposition in a particular way that may differ from ordinary usage and may even differ from actual fact. Deeming creates a legal fiction ...
face

face  

Reference type:
Overview Page
Subject:
Law
Face has several senses, all related to open visibility. First, where something is normally not folded, but presented openly to view (e.g. a coin or a bank note), its face ...
fiduciary

fiduciary  

Reference type:
Overview Page
Subject:
Law
[from Latin: fiducia, trust]1 n. A person, such as a trustee, who holds a position of trust or confidence with respect to someone else and who is therefore obliged to act solely for that person's ...
implied

implied  

Reference type:
Overview Page
Subject:
Law
Broadly, what is not specifically stated, but demonstrated by the parties' actions, so that a stranger to the transaction can draw inferences about what must have been intended. In contract ...
implied trust

implied trust  

Reference type:
Overview Page
Subject:
Law
A trust that arises either from the presumed but unexpressed intention of the settlor or by operation of law. Equity imposes an obligation to create such trusts by inference from the facts, including ...
imputation

imputation  

The process of replacing missing values in (usually) a large-scale social survey. Suppose, for example, that the salary information is missing for an individual who is known to be a doctor aged 55. ...
inference

inference  

Reference type:
Overview Page
The process of moving from (possibly provisional) acceptance of some propositions, to acceptance of others. The goal of logic and of classical epistemology is to codify kinds of inference, and to ...
innocence

innocence  

Reference type:
Overview Page
Subject:
Law
Although the law presumes innocence until guilt is proven (see presumption; not guilty) innocence is a concept beyond ‘not guilty’ that is never proclaimed (just as guilt can only ever ...
intention to create legal relations

intention to create legal relations  

Reference type:
Overview Page
Subject:
Law
One of the key constituents of a contract. An agreement is only enforceable if, inter alia, there is an intention that it should be legally binding. As a general rule, the law presumes that familial ...
juris et de jure

juris et de jure  

Reference type:
Overview Page
Subject:
Law
[Latin]Of law and from law: an irrebuttable presumption is so described.
limitation of actions

limitation of actions  

Reference type:
Overview Page
Subject:
Law
Statutory rules limiting the time within which civil actions can be brought. The present law is contained in the Limitation Act 1980, the Latent Damage Act 1986, and the Consumer Protection Act 1987. ...
ownership, title, possession

ownership, title, possession  

Reference type:
Overview Page
Subject:
Law
Three critical concepts in property law. Briefly, the broadest is ownership, which implies rights against all the world, including the right of disposal of the property. In law ‘ownership’ is ...
presumption of death

presumption of death  

Reference type:
Overview Page
Subject:
Law
A common-law presumption that someone has died. The presumption will be made if a spouse has been missing for at least seven years (with nothing to indicate that he or she is still alive) or by proof ...

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