Chapter 2: The Role of Key Terms and Key Facts in Legal ...

Presumptive provisions alleviate part of the claimant’s burden of proof. Where certain facts are proven, a presumption arises that additional facts are true unless the presumption is rebutted by other evidence. As noted by . Routen. v. West, 142 F.3d 1434, 1439 (Fed.Cir.1998), a presumption has evidentiary value, but it is not a form of evidence. ................
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