Presumptions

Question 1

prep of ev

Answer 1

enough to tip the balance in favor of the fact

used for most stuff in civil cases
prelim deter of facts by the ct

Question 2

clear and convincing ev

Answer 2

a fact is significantly more likely to be true than not true

a high probability of truth

Question 3

BRD

Answer 3

any doubt that exists would not affect a reasonable person’s belief that the fact is true.

Question 4

a presumption is

Answer 4

a procedural device that shifts the burden of going forward to the opposing party.

an inference that may be drawn when one set of facts establishes a very high probability of the existence of another set of facts, absent a contrary showing

Question 5

FRE presumptions theory

Answer 5

• bursting bubble theory/ maj view
• once a set of facts establishes a very high probability of the existence of another set of facts
• contrary showing
• presumption disappears

Question 6

if there’s an irrebuttable presumption, and the basic facts are established, the presumption-

Answer 6

is treated as substantive law