BURDEN OF 1) PROOF & 2) PRODUCING EVIDENCE Flashcards
§ 500 - Party w/ Burden of Proof:
Claim for Relief
Who has the burden of proof when a party is seeking relief?
Except as otherwise provided by law, the party seeking relief has the burden of proving the existence or nonexistence of each fact that is essential to his claim.
§ 500 - Party w/ Burden of Proof:
Asserted Defense
Who has the burden of proof where a party alleges a defense?
Except as otherwise provided by law, the party asserting a defense has the burden of proving the existence or nonexistence of each fact that is essential to his defense.
§ 520 - Claim of Wrongdoing (or Crime)
Who has the burden of proof when there is an allegation of wrongdoing?
The party claiming that a person is guilty of wrongdoing has the burden of proof on that issue.
§ 521 - Claim that One Did NOT Exercise Care
Who has the burden of proving that someone breahced a duty of care?
The party claiming that someone did not exercise a requisite degree of care has the burden of proof on that issue.
§ 550 - Party w/ Burden of Producing Evidence
Who has the burden of producing evidence where a fact is presumed?
(a) Where a fact is presumed, the party who wants to rebut the presumption has the burden of producing evidence contradicting the particular fact.
§ 550 - Party w/ Burden of Producing Evidence
Who has the burden of producing evidence generally?
(b) The party with the burden of proof has the burden of producing evidence as to the necessary facts.
