Burdens & Presumptions

Question 1

Burden of Production

Answer 1

1. ) a question of WHO must produce evidence

2. ) burden of production is on the plaintiff in a civil case; prosecution in a criminal case

Question 2

Burden of Persuasion

Answer 2

a question of HOW MUCH evidence must be produced

3 levels of persuasion:
A.) Preponderance of the Evidence: traditional civil standard; used in some aspects of criminal cases (motion to suppress, voluntariness of confession, etc.)

2.) Clear and Convincing: Criminally related civil actions (fraud, validity of deed/will); to determine insanity in federal
court - burden on D

3.) Beyond a Reasonable Doubt: criminal standard in guilt phase of trial

Question 3

Burden of Proof

Answer 3

two ways to shift a burden of proof:

1. ) affirmative defenses
2. ) presumptions (generally, not allowed in criminal cases)

Question 4

Presumptions

Answer 4

A conclusion made as to the existence or nonexistence of a fact that may or must be drawn from other evidence that is admitted and proven to be true. Presumptions function as a shortcut in evidence.

*most presumptions are rebuttable