Assertion: presumption | /r/HasProperty | arbitrary
Facets:
Source sentences:
text: A statute creating a presumption that is arbitrary, or that operates to deny a fair opportunity to repel it, violates the due process clause of the Fourteenth Amendment.
text: The distinction usually drawn between these two classes of presumptions is that a presumption of law is an arbitrary rule of law that when a certain fact or facts appear a certain other fact is, for the purposes of the case, deemed to be established, either conclusively or until contrary evidence is introduced; while a presumption of fact is merely a logical inference or conclusion which the trier of the facts is at liberty to draw or refuse to draw.
text: The presumption raised by section 2780 is unreasonable and arbitrary, and violates the due process clause of the Fourteenth Amendment.
text: Relying upon decisions of this Court holding that presumptions are permissible unless they are unreasonable, arbitrary, or invidiously discriminatory, see, e.g., Bandini Petroleum Co. v. Superior Court, 284 U.S. 8 (1931); Leary v. United States, 395 U.S. 6 (1969); Tot v. United States, 319 U.S. 463 (1943), the court held the rebuttable presumption irrational in violation of the Due Process Clause.