Evidence presumptions - MBE
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What is the burden of production?
burden at any given moment in the trial of going forward with evidence
Who is the burden of production on during a trial?
this will vary throughout the trial
What is the burden of persuasion?
relates to who has the burden when all the evidence is in of persuading the jury by whatever standartd that applies in that trial that the facts are or aren't true
What are the 3 levels to the burden of persuasion?
- (1) PoE
- (2) C&C
- (3) beyond a reasonable doubt
What is an example of when may the burden of proof shifts to the defense during the trial?
if a party has an affirmative defense
What do the presumptions in evidence which function as a shortcut involve?
- a basic fact and a presumed fact
- once the basic fact is proved to be true the presumed fact is presumed to be true
What is the Burtsting Bubble Theory regarding presumptions?
once the opponent presents contrary evidence the presumption bursts and the legal effect of the presumption goes away and the jury determines the weight and credibility of the evidence
Are most presumptions rebuttable?
In criminal cases can presumptions be used to find facts?
no b/c would violate the D 6th A right to have those facts found by a jury
What presumptions are irrebuttable?
- rules of law which are substantive and not subject to dispute
- those which are conclusively proven once a set of basic facts is proven
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