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

1
Q

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 _____________________________.

A

vanishes
can still be considered and weighted

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2
Q

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

A

Rule 301 and the Thayer/ Morgan Theories.

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3
Q

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

A

non-receipt is presented

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4
Q

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

A

Criminal
Due Process

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5
Q

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

A

rationally related

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6
Q

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?

A

Criminal Cases

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7
Q

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

A

Presumptions in Criminal Cases

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