Evidence: Burdens

Question 1

What is the rule for burden of PRODUCTION?

Hint: A question of “who”

Answer 1

The burden of going forward/producing evidence is on the plaintiff civilly, and on the prosecution in a criminal case.

Question 2

What are the 3 main types of burdens of PERSUASIONS?

Answer 2

1. Preponderance of the evidence
2. Clear and convincing evidence
3. Beyond a reasonable doubt

Question 3

When the preponderance standard apply?

Answer 3

• Traditional civil standard.
• Burden in a preliminary matter in criminal cases (e.g., motions to suppress, voluntariness of a confession, etc.).

Question 4

When does the clear and convincing standard apply?

Answer 4

Reserved for criminally-related civil cases — fraud; validity of a deed/will; also defendant’s burden for insanity as a defense in federal criminal cases.

Question 5

When does beyond a reasonable doubt apply?

Answer 5

The guilt phase in a criminal case (most difficult to prove).

Question 6

What are the additional burdens of persuasion, relevant to criminal procedure?

Answer 6

reasonable articulable suspicion (RAS) and probable cause (PC).