presumption of law การใช้

• As a general rule, the defendant has the favorable presumption of law, which means that the defendant will win by default unless a majority of the judges is convinced with moral certainty of the petitioner's case ( can . 1608 ).
• In an 1841 Illinois Supreme Court case, " Bailey v . Cromwell ", Lincoln successfully prevented the sale of a woman who was alleged to be a slave, making the argument that in Illinois " the presumption of law was . . . that every person was free, without regard to color . " In 1847 Abraham Lincoln defended Robert Matson, a slave owner who was trying to retrieve his runaway slaves.
• All restrictions upon human liberty, all claims for special privileges, are to be regarded as having the presumption of law against them, and as standing upon their defense, and can be sustained, if at all by valid legislation, only by the clear expression or clear implication of the law .  This decision had the effect of holding that the laws of equal protection applied to women because he in effect rejected the  entire jurisprudence of separate spheres .  It has been said that this decision as  [ o ] ne of the greatest decisions in all of Connecticut jurisprudence .