Lesson 11

Question 1

Burden of Proof

Answer 1

There are two distinct burdens of proof–the burden of production and the burden of persuasion.

Question 2

Burden of Production

Answer 2

The judge decides as a matter of law who has the production burden, but usually the plaintiff has the production burden of going forward with sufficient evidence to avoid a ruling against him on the issue.

Question 3

Burden of Persuasion

Answer 3

The burden of persuasion requires each party to produce that degree of evidence required to win the case.

Question 4

Inference

Answer 4

An inference is a logical deduction of fact made from another established fact or group of facts.

Question 5

Presumption

Answer 5

A presumption is a legally mandated inference to be drawn from particular evidence.

Question 6

Judicial Notice

Answer 6

Courts may accept certain facts as true without the necessity of formal proof.