Burdens, Presumptions, and Relevance Flashcards
What are the burdens of proof?
1) Burden of production; and,
2) burden of persuasion
What is the burden of production?
Produce enough evidence that the trier of fact could infer that each alleged fact has been proven.
What is the burden of production in a criminal case?
L - Location O - Offense V - Venue I - Identification D - Defendant D - Date
What is the burden of persuasion in a civil case?
By a preponderance of the evidence.
- —-more likely than not
- —-exception for fraud cases which require clear and convincing evidence
What is the burden of persuasion for fraud claims?
Clear and convincing evidence
What is the burden of persuasion in a criminal case?
Beyond a reasonable doubt. For every element.
What are the two types of presumptions?
1) Rebuttable
2) Irrebuttable
What is a rebuttable presumption?
May be overcome if contrary evidence is presented. If no contrary evidence is presented, a judge must instruct the jurty to accept. This shifts the burden of production but not the pburden of persuasion.
When will relevant evidence be inadmissible?
When it is excluded by:
1) Rule
2) Law
3) Constitutional Provision
What is relevant evidence?
It is probative and material.
Probative Evidence
Evidence that has any tendancy to make a fact more or less probable
Material Evidence
Fact of consequence in determining the action.
Can someone be convicted by only circumstantial evidence?
YES.
Rule 403
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of:
- unfair prejudice
- confusing the issues
- misleading the jury
- undue delay/waste of time
- needless presentation of cumulative evidence
What happens if irrelevant evidence is admitted?
The court may allow additional irrelevant evidence in to rebut the irrelevant evidence.
