Presumptions

Question 1

What is a presumption?

Answer 1

an assumption of fact that the law makes from the existence of other facts found or established

Question 2

When are presumptions applicable?

Answer 2

Only in civil actions

Question 3

What is a presumption affecting the burden of proof?

Answer 3

imposes upon the party against whom it operated the burden of proof concerning the nonexistence of the presumed fact

Question 4

What is a presumption as to the burden of production?

Answer 4

requires the jury to assume the existence of the presumed fact unless credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence or nonexistence of the presumed fact is determined from the evidence w/o regard to the presumption

Question 5

In FL, the judge is more involved in the interplay b/w presumptions and instructions b/c:

Answer 5

it’s thought that presumptions have a potentially greater impact at trial or confuse the jurors