By Yasser Latif Hamdani
Principle: It is clearly within the domain of the legislative branch of government to establish presumptions and rules respecting burden of proof in litigation.
1. Hawkins v. Bleakly, 243 U.S. 210 (1917) US SUPREME COURT on pages 1-2 of the attached copy of the Judgment
Excerpt:The provisions in § 3 of the Iowa Workmen's Compensation Law, Laws of Iowa, 35 G.A. c. 147; Iowa Code Supp., 1913, § 2477m, requiring employees who reject the act to state by affidavit who, if anyone, requested or suggested that course, and providing that, where an employer or his agent has made such request or suggestion, the employee shall be conclusively presumed to have been unduly influenced and his rejection of the act shall be void. Held permissible regulation in aid of the general scheme of the act.
A workmen's compensation act which, prescribing the measure of compensation and the circumstances under which it is to be made, establishes a method of applying the measure to the facts of each case by due hearings before an administrative tribunal, whose action upon all fundamental and jurisdictional questions is subject to judicial review, is not open to objection upon the ground that it clothes the administrative body with an arbitrary and unbridled discretion in violation of due process of law.
Trial by jury is not one of the rights secured by the Fourteenth Amendment.
