Presumptions

Question 0

Burden of Production

Answer 0

Burden of going forward is on the plaintiff.

Question 1

Where do presumptions apply?

Answer 1

Only in civil cases.

violates due process in criminal cases

Question 2

Burden of Persuasion

Answer 2

Degree to which evidence must be proven

1. Preponderance of the evidence
2. Clear and convincing standard - criminally related civil cases, validity of will or deed.
3. BRD

Question 3

Shifting Burden of Proof - 2 ways

Answer 3

1. Affirmative Defenses

2. Presumptions

Question 4

Presumptions defined

Answer 4

When a set of facts,
once established,
give rise to a second second set of facts,
absent a contrary showing

Question 5

Bursting Bubble theory

Answer 5

once the opponent presents evidence that the presumption is not true, the bubble bursts and burden shifts back to the other party.

Most presumptions are rebuttable.

Question 6

Presumptions in Criminal Cases

Answer 6

Presumptions are rare and disfavored since if not rebutted, would result in a judgement as a matter of law and violate due process clause

Question 7

Irrebuttable Presumptions

Answer 7

created by statute or common law.

ie. certain jurisdictions where 6 year old is not capable of being negligent.