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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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An environmental health officer from a provincial government agency conducts a surprise inspection of a privately owned fertilizer plant to verify compliance with hazardous-waste disposal regulations. The plant owner objects that the inspection was unlawful for lack of probable cause and due process (no prior notice and no warrant). The officer invokes the disputable presumption that public officers act regularly in the performance of their official duties. Based on these facts: (a) identify the disputable presumption implicated and name the legally relevant actors and their relationship; (b) distinguish this disputable presumption from a conclusive presumption and explain its effect on the burden of proof; (c) apply to the facts: determine whether the presumption should be accepted or overcome, and state the result and rationale.

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Clara

Hello