PRESENTATION OF EVIDENCE Flashcards
Rule for determining the weight and credibility of all the evidence
A presumption is a conclusion that the trier of fact is required to draw upon a party’s proof of an underlying fact or set of facts (i.e., basic facts).
A rebuttable presumption shifts the burden of production, but not the burden of persuasion, to the opposing party.
However, a rebuttable presumption may be overcome by evidence to the contrary. If no contrary evidence is introduced, the judge must instruct the jury to accept the presumption.
If contrary evidence is introduced, then the presumption no longer has a preclusive effect.
At this point, the jury may, but is not required to, draw the conclusion from the basic facts. Thus, the jury may determine the weight and credibility of all of the evidence.
The trial judge generally decides preliminary questions regarding the competency of evidence RULE
The trial judge generally decides preliminary questions regarding the competency of evidence, including the admissibility of evidence, whether privilege exists, and whether a person is qualified to be a witness. The court is not bound by the Federal Rules in deciding these questions, except with respect to privileges, and it may consider otherwise inadmissible evidence. Deciding whether the coworker’s statement is admissible is a preliminary question of law for the judge (as opposed to a question of fact for the jury), and the judge may consider hearsay in the course of making that decision.
