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legislative presumption

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 268 U.S. 178 - Hem v. United States · 1925Most cited · 970 citing opinions

That a legislative presumption of one fact from evidence of another may not constitute a denial of due process of law or a denial of the equal protection of the law it is only essential that there shall be some rational connection between the fact provided and the ultimate fact presumed, and that the inference of one fact from proof of another shall not be so unreasonable as to be a purely arbitrary mandate. So, also, it must not, under a guise of regulating the presentation of evidence, operate to preclude the party from the right to present his defense to the main fact thus presumed

How often courts cite the cases defining “legislative presumption”

1920194019601980200020202030482

Court decisions citing the 2 opinions that defined “legislative presumption” — 1,295 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 2 definitions, chronological · 1925–1931

  1. The state, in the exercise of its general power to prescribe rules of evidence, may provide that proof of a particular fact, or of several facts taken collectively, shall be prima facie evidence of another fact when there is some rational connection between the fact proved and the ultimate fact presumed. The legislative presumption is invalid when it is entirely arbitrary, or creates an invidious discrimination, or operates to deprive a party of a reasonable opportunity to present the pertinent facts in his defense.