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Editorial matters can be complex. These include how editors reach their decision, appeals against non-acceptance, revision and its difficulties, problems in creating the final version and moving it on to the publication procedure.
The argument-based validation research reported in this chapter was conducted from the perspective of an outside evaluator with concerns about the consistency of scores on the Telephone Standard Speaking Test (TSST), a telephone-based test of second language (L2) English speaking proficiency used to assess improvement in speaking proficiency over time. The test use requires that the warrant for generalization be plausible. It states that observed scores are estimates of expected scores, which are consistent across test tasks, forms, occasions, and raters. To guide the investigation a rebuttal, that observed scores fail to estimate expected scores due to error introduced in the testing process, was formulated. The research investigated two of its assumptions. Data of the TSST scores from 55 undergraduates at two Japanese universities collected twice within a month indicated that test forms had the same means and the same SDs, and that the two scores of each participant were highly correlated. One-third of scores for the same individual differed by one score level. Thus, the results found partial support for one of the assumptions underlying the rebuttal. This chapter concludes by highlighting the important role of rebuttals for including threats of concern to test users in an interpretation/use argument.
This chapter examines the resulting trust. It is a type of implied trust and it arises by operation of laweither because of the presumed intention of the parties or because of the failure of an express trust. A presumed resulting trust arises where land is purchased in the name of one party but the purchase monies have been provided by another party. The presumption can be rebutted by evidence of a gift or advancement to a close family member of a loan. Evidence of an illegal motive was once inadmissible to use to rebut a presumption but today the court uses its discretion as to whether it will be admitted. Automatic resulting trusts usually arise where a purpose has failed. A new type of trust 'the Quistclose trust' was created when Quistclose successfully recovered money loaned to pay dividends to a company which went bankrupt. Sometimes a surplus remains after the purpose of the trust has been carried out this will result back to the settlor and where a trust fails to conform with key requirements of a trust then the property will usuallyrevert back to the settlor although in some cases the trust property has been found to be an absolute gift.
Fiona Hum, Monash University, Victoria,Bronwen Jackman, University of New England, Australia,Ottavio Quirico, University of New England, Australia,Gregor Urbas, Australian National University, Canberra,Kip Werren, University of New England, Australia