Burdens and Presumptions

Question 1

Burden of Persuasion (how much ev must be produced)

Answer 1

preponderance of the evidence (civil)
clear and convincing (civil plus crim element)
beyond a reasonable doubt (crim)

Question 2

Burden of Proof - 2 ways to shift

Answer 2

Affirmative defenses

presumptions (not allowed in crim cases)