What is the current state of the law on presumption?

California, United States of America


The following excerpt is from Waits v. Carleson, 107 Cal.Rptr. 117, 31 Cal.App.3d 153 (Cal. App. 1973):

More recently the United States Supreme Court, speaking in a constitutional context, has held that a presumption 'must be regarded as 'irrational' or 'arbitrary,' and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend. . . .' (Leary v. United States, 395 U.S. 6, 36, 89 S.Ct. 1532 1548, 23 L.Ed.2d 57; see also Tot v. United States, 319 U.S. 463, 468, 63 S.Ct. 1241, 87 L.Ed. 1519.)

Other Questions


What is the current state of the law on the presumption of presumption of innocence in a criminal case? (California, United States of America)
What is the current state of the law on surveillance by the police state? (California, United States of America)
What is the current state of the law on the presumption of innocence and the burden of proof? (California, United States of America)
What is the current state of the law on misconduct when a prosecutor makes a closing argument stating facts that are not in evidence? (California, United States of America)
What is the current state of the federal and state constitutions governing the trial of a criminal defendant who is mentally incompetent? (California, United States of America)
What is the current state's position on whether the First Amendment applies to the states through the Fourteenth Amendment due process clause? (California, United States of America)
What is the current state of the law on the doctrine of "presumption of innocence"? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
What is the current state of the law on "cruel and unusual punishments" under the Eighth Amendment of the United States? (California, United States of America)
What is the current state of the law in relation to the due care presumption in medical malpractice cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.