PRESUMPTIONS

Question 1

Burden of Production

Answer 1

Burden of producing evidence is on:

1. Civil - Plaintiff
2. Criminal - Prosecution

Question 2

Burden of Persuasion

Answer 2

Degree to which evidence must be proven

Three different burdens of persuasion:

1. Preponderance of the evidence
   - Traditional Civil standard
   - Preliminary situations: motions to suppress, voluntariness of confession
2. Clear and convincing evidence
   - Fraud, validity of deed/will, Burden of insanity defense in federal crim cases.
3. Beyond a reasonable doubt
   - Guilt phase in a criminal trial

Question 3

Presumptions (Generally)

Answer 3

Conclusion made as to the existence or nonexistence of a fact that must be drawn from other evidence that has been admitted

Presumption arises where one set of established facts gives rise to another set of presumed facts absent a contrary showing

Bursting Bubble Theory - Once opponent presents sufficient evidence that the presumption is false the presumption bursts or disappears

Caveat in criminal cases - Presumptions are disfavored in crim law since they can lead to loss of liberty