Burdens and Presumptions Flashcards
What is the burden of production?
Who must produce the evidence
Which party has the burden of production?
Civil cases: Plaintiff
Criminal cases: Prosecution
What is the burden of persuasion?
How much evidence must be produced
What are the levels of burden of persuasion
- preponderance of evidence
2, clear and convincing - beyond a reasonable doubt
When is the preponderance of the evidence standard used?
The traditional civil standard that’s also used in some aspects of criminal cases, including motion to suppress, voluntariness of confession, etc.
When is clear and convincing standard used?
In criminally related civil actions, including fraud, validity of deeds and wills, and to determine insanity in federal court (burden is on D)
When is beyond a reasonable doubt standard used?
In criminal trials to determine guilt
How can the burden of proof be shifted?
- Affirmative defenses
- Presumptions
What are affirmative defenses?
Raised by the other party, and include statute of limitations, 12(b)(6), self-defense, etc.
When are presumptions allowed to be used?
Civil cases, presumptions are generally not allowed in criminal cases
What are presumptions?
Conclusions made regarding the existence of a fact that may be drawn from other evidence that is admitted and proven to be true
What are the types of presumptions?
Rebuttable and un-rebuttable.
