case-in-chief. 1. The evidence presented at trial by a party between the time the party calls the first witness and the time the party rests. 2. The part of a trial in which a party presents evidence to support the claim or defense. Cf. REBUTTAL.
lost grant 权利转让契据遗失 这是一种法律拟制。在英格兰早期，地役权人主张地役权〔easement〕的，必须证明该权利系由权利转让契据所创设，或者其自人类无可记忆〔immemorial〕的时代起即享有该权利。但是，1623年《诉讼时傚法》〔Limitation Act〕规定以占有土地20年作为提起诉讼的时效期限，此后，法院采用20年期间作为地役权产生的充分的时效条件，其假设是：曾有一份地役权创设所需的权利转让契据，但已遗失。在1832年《时傚法》〔Prescription Act〕以后，该种权利转让契据遗失的假设已不具有重要意义，但它仍是地役权取得方法之一。这种因连续20年享有地役权从而认为权利转让契据已经遗失的假设是可反驳的〔rebuttable〕，即须以证据证明制作该权利转让契据为不可能。
last-clear-chance doctrine. Torts. The rule that a plaintiff who was contributorily negligent may nonetheless recover from the defendant if the defendant had the last opportunity to prevent the harm but failed to use reasonable care to do so (in other words, if the defendant’s negligence is later in time than the plaintiff’s). • This doctrine
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A rebuttable presumption that an injured product user would have followed a warning label had the product manufacturer provided one. [Cases: Products Liability 75. C.J.S. Products Liability § 72.]
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conditional presumption (证据法)有条件的推定 (→rebuttable presumption)
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refute, vb. 1. To prove (a statement) to be false. 2. To prove (a person) to be wrong. Cf. REBUT.
A presumption that cannot be overcome by any additional evidence or argument [it is a conclusive presumption that a child under the age of seven is incapable of committing a felony]. — Also termed absolute presumption; irrebuttable presumption; mandatory presumption; presumption juris et de jure. Cf. rebuttable presumption. [Cases: Constitutional Law 253(5); Evidence 53–89. C.J.S.
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praesumptio juris et de jure 〈拉〉依照法律的合理推定；终结性或不可反驳的推定(=conclusive presumption; irrebuttable presumption)
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An arrangement by which both parents share the responsibility for and authority over the child at all times, although one parent may exercise primary physical custody. • In most jurisdictions, there is a rebuttable presumption that joint custody is in the child’s best interests. Joint-custody arrangements are favored unless there is so much animosity between
A child born to a married woman whose husband is not the father of the child. • The rebuttable presumption is generally that a child born of the marriage is the husband’s child. A child born to a woman by means of artificial insemination may be termed an adulterine bastard, but most jurisdictions prohibit a
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