Evidence

Question 1

Best Evidence Rule

Answer 1

Under the best evidence rule, the original writing must be produced when proving the material terms of that writing. Secondary evidence of the writing, such as oral testimony regarding the writing’s contents, is permitted only after it has been shown that the original is unavailable for some reason other than by serious misconduct of the proponent.

Question 2

Judicial Notice

Answer 2

When a court takes judicial notice of a fact under the federal rules in a criminal case, the jury may, but is not required to, accept the fact noticed; thus, its effect is only to relieve the prosecutor of her burden of producing evidence of that fact.

In civil cases, the fact judicially noticed is conclusively established.

Question 3

burdens following presumptions

Answer 3

Under FRE 301, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut the presumption. This rule does NOT SHIFT the burden of persuasion, which remains throughout the trial upon the party who had it originally. A presumption is overcome or destroyed when the adversary produces some evidence contradicting the presumed fact. The presumption si of no force or effect when sufficeint contrary evidence is admitted.