Chapter 1 - Inferences and Presumptions (Evidence Book p. 36)

Question 1

What if a presumption is “rebutted” (actual evidence presented against the presumed fact)? Under the prevailing theory Thayer “bursting bubble” theory, the presumption ________________; were under the Morgan theory, the presumption _____________________________.

Answer 1

vanishes
can still be considered and weighted

Question 2

In re Yoder deals with what? Rule ______ and the ______/_______ theories.

Answer 2

Rule 301 and the Thayer/ Morgan Theories.

Question 3

Example of the “busting bubble” theory: the presumption of receipt of a letter, when that letter is mailed, can be “burst,” is evidence of ____________________.

Answer 3

non-receipt is presented

Question 4

Presumptions in ____________ Cases is not in Rule 301, but a ________ __________ concern.

Answer 4

Criminal
Due Process

Question 5

A presumption must be “__________ ___________” to the underlying facts proved.

Answer 5

rationally related

Question 6

A presumption must be “rationally related” to the underlying facts proved. Here, the possession of a firearm in a vehicle was rationally related to the presumption that all occupants of that vehicle were in possession of the firearm, not just one of them. Also, there is no need for a presumption to be proved “beyond a reasonable doubt,” unless it is the sole evidence of guilt. In what Cases?

Answer 6

Criminal Cases

Question 7

County Court of Ulster County v. Allen deals with what?

Answer 7

Presumptions in Criminal Cases