Article III. Presumptions in Civil Cases

Question 1

Unless a federal statute or these rules, who has the burden of producing evidence to rebut a presumption in civil cases?

Answer 1

In a civil case the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption.
FRE 301 (2012).

Question 2

When does state law govern the effects of a presumption in a civil case?

Answer 2

In a civil case, state law governs the effect of a presumption regarding a claim or defense for which state law supplies the rule of decision.
FRE 302 (2012).

Question 3

According to <i>Erie Railroad Co. v. Tompkins</i>, when does state evidence law apply?

Answer 3

According to <i>Erie</i>, state evidence law applies to any claim or issue having its source in state law, regardless of the basis or issue.
FRE 302, Advisory Committee’s Note (2012).

Question 4

What two factors in <i>Western & Atlantic Railroad Co. v. Henderson</i> distinguish that case from the holding in <i>Mobile, Jackson & Kansas City Railroad Co. v. Turnipseed</i>?

Answer 4

(1) In <i>Henderson</i>, it was a common ground that negligence was indispensible to liability. Plaintiff relied on this presumption.
(2) <i>Turnipseed</i>’s statute’s basic assumption is that there was no liability without fault. This assumption solves the logical concerns with the statute in <i>Henderson</i>.
FRE 301, Advisory Committee’s Note (2012).

Question 5

What does FRE 301 presumption require?

Answer 5

Presumptions governed by FRE 301 are given the effect of placing upon the opposing party the burden of establishing the nonexistence of the presumed fact, once the party invoking the consideration of fairness, policy, and probablity giving rise to it.
FRE 301, Advisory Committee’s Note (2012).

Question 6

Why is a rational connection required in criminal evidence proceedings?

Answer 6

The rational connection prevalied in criminal cases by virtue of the higher standard of notice required in criminal cases. The fiction that everyone is presumed to know the law is applied to the substative law of crimes as an alterantive to complete enforceability.
FRE 301, Advisory Committee’s Note (2012).