Burdens and Presumptions Flashcards
1
Q
Presumption and Jury Instructions - State Law
A
in a DJ case, where state law determines claim or defense, state law also governs effect of presumptions
if D fails to rebut the presumption, jury should be instructed to heed the presumption
2
Q
does the jury need to take judicially noticed facts as conclusive?
A
yes for civil, no for criminal
3
Q
who bears the burden in presumption of receipt?
A
plaintiff; D may rebut, and the jury decdies who to beleive; burden does not shift to D to rebut
