7. Burden of Proof (DPC 14A)

Question 1

What is the purpose of burden of proof?

Answer 1

Produce sufficient evidence;

• To avoid judgment against proving party as a matter of law
• To create fact question of issue involved to reach jury

Question 2

What is the procedure for burden of proof?

Answer 2

1) BOTH parties must meet burden of producing evidence going forward
- Burden of persuasion is allocated to one of the parties

2) One of the parties must meet burden of persuading trier of fact (judge/jury) regarding truth of disputed facts
- After burden of production is met
- After all evidence is in

Question 3

What is required for meeting the burden of producing evidence?

Answer 3

1) Prima facie case
2) Party met burden of production
3) Burden of production shifts to Opponent for rebuttal

Question 4

What is required for meeting the burden of persuasion (quantum of proof)?

Answer 4

Civil cases

• Preponderance of evidence (fact is more true than not true) (some states)
• Clear and convincing evidence (high probability) (some states)

Criminal cases
- Beyond reasonable doubt (high probability)

Question 5

Who wins after the burden of persuasion is met/not met?

Answer 5

If trier of fact is persuaded
- Party with burden of persuasion wins

If trier of fact is tied/not persuaded
- Party with burden of persuasion loses