Lecture 3. Article III. Presumptions

Question 1

What is a legal presumption?

Answer 1

A legal presumption is an inference established by law, universally applicable in certain circumstances, requiring the party against whom it is directed to rebut it.

Question 2

Why are presumptions necessary?

Answer 2

Presumptions help guide fact-finding in trials where disputes about facts exist, balancing the burden of proof and aiding in dispute resolution.

Question 3

What is the main focus of presumptions under the Federal Rules of Evidence (FRE)?

Answer 3

To ensure fairness by preventing parties from creating false beliefs through manipulation, while guiding evidence evaluation and persuasion.

Question 4

What does Rule 301 state?

Answer 4

In civil cases, the party against whom a presumption is directed must produce evidence to rebut it, but the burden of persuasion remains unchanged.

Question 4

How do the rules of evidence differ from reasoning in the political process?

Answer 4

Rules of evidence control how facts are established in trials, unlike politics, where no formal evidence rules exist.

Question 5

What is the key difference between legal reasoning and persuasion?

Answer 5

Legal reasoning organizes evidence to establish truth, while persuasion creates belief in that truth.

Question 6

How does a presumption operate procedurally in civil cases?

Answer 6

When basic facts are established, presumed facts are taken as true unless rebutted by the opposing party.

Question 7

What distinguishes presumptions in civil cases from criminal cases?

Answer 7

Civil cases lack a presumption of innocence, which is fundamental to criminal cases.

Question 8

What are the three components of the burden of proof?

Answer 8

• Burden of pleading: Establishing allegations procedurally.
• Burden of production: Presenting sufficient evidence for the judge or jury to find a fact plausible.
• Burden of persuasion: Convincing the judge or jury of the truth of the proposition.

Question 8

Can most presumptions in civil law be rebutted?

Answer 8

Yes, nearly all presumptions in civil law are rebuttable with sufficient evidence.

Question 8

Which burdens does Rule 301 address?

Answer 8

Rule 301 pertains to the burden of production and the burden of persuasion, not the burden of pleading.

Question 9

When is the burden of production satisfied?

Answer 9

When the evidence presented is sufficient for a reasonable judge or jury to potentially find in favor of the party producing it.

Question 9

What is a prima facie case?

Answer 9

A case where the evidence presented is sufficient to establish the claim unless rebutted by the opposing party.

Question 10

What are the standards of proof in civil and criminal cases?

Answer 10

• Preponderance of the evidence: More likely than not (51%).
• Clear and convincing evidence: Firm belief or conviction, though not absolute certainty.
• Beyond a reasonable doubt: The highest standard, requiring no reasonable doubt.

Question 11

Why is the standard of proof lower in civil cases?

Answer 11

Civil cases involve no risk to life or liberty, unlike criminal cases.

Question 12

How can a presumption be rebutted?

Answer 12

By presenting contrary evidence sufficient to allow the judge or jury to reasonably doubt the presumed fact.

Question 13

What is Thayer’s “bursting bubble” theory?

Answer 13

A presumption vanishes (like a bubble) once contrary evidence is introduced, leaving the burden of persuasion unchanged.

Question 14

How does Morgan’s rule differ from Thayer’s?

Answer 14

Morgan’s rule requires the opposing party to actively persuade the judge or jury to rebut the presumption, not merely produce evidence.

Question 15

What happens when a directed verdict is requested in a civil case?

Answer 15

The judge resolves the fact dispute without continuing the trial if evidence overwhelmingly supports one side.

Question 16

What was the main issue in Hinds v. John Hancock?

Answer 16

Whether the insured’s death was suicide, which would invalidate the life insurance claim due to policy exclusions.

Question 17

What was the presumption under Maine law in this case?

Answer 17

A presumption against suicide, meaning people are presumed not to commit suicide unless proven otherwise

Question 18

What evidence was presented in the Hinds case?

Answer 18

Circumstantial evidence, such as the deceased’s high blood alcohol content and lack of struggle, but no direct testimony.

Question 19

What was the Supreme Court’s conclusion in Hinds?

Answer 19

The jury ruled in favor of the son, deciding the death was not a suicide for insurance purposes.

Question 20

What does Rule 302 state about presumptions?

Answer 20

In civil cases, state law governs presumptions for claims or defenses where state law supplies the rule of decision.

Question 21

How does Rule 302 affect federal courts?

Answer 21

Federal courts must apply state law presumptions in civil cases involving state law claims.

Question 22

Why is Rule 302 important?

Answer 22

It ensures consistency and respect for state laws when adjudicating cases involving state rules in federal courts.

Question 23

What happens if a state law sets a higher standard for rebutting presumptions?

Answer 23

Federal courts will follow the state’s higher standard for rebuttal if state law governs the claim or defense.