Presumptions (FRE 301) Flashcards
What is a presumption?
An inference that may be drawn
when on set of basic facts
establishes a very high probability
the existence of another set of facts,
absent any evidence to the contrary
Who has the burden of proof?
Plaintiff and Prosecution
Types of presumptions
- Preponderance of the evidence
- Clear and convincing evidence
- Beyond a reasonable doubt
Preponderance of the evidence
Enough evidence to tip the balance in favor of the fact
Where does preponderance of the evidence apply?
- Most civil cases
- Preliminary fact determinations by the court
- Some criminal issues, such as:
- venue;
- statutes of limitations; and
- voluntariness of a confession
Clear and Convincing Evidence
The evidence must support a finding that the fact is significantly more likely to be true than to not be true—a “high probability of truth”
When does clear and convincing evidence apply?
Civil cases such as:
- fraud;
- disbarment; and
- the validity of a will or deed
Beyond a Reasonable Doubt
Any doubt that exists would not affect a reasonable person’s belief that the fact is true
When does beyond a reasonable doubt apply?
Criminal trials, as to each element of a crime, as well as the absence of mitigating factors
Bursting bubble” theory
Once the opponent presents sufficient evidence that the presumed fact is NOT true, the presumption disappears
Presumptions in criminal cases
Are rare and disfavored, because if they are not rebutted the result is a judment as a matter of law (which violates due process)
Irrebutable Presumptions
Created by statute or common law
Conclusive Presumptions
Are conclusively established once a set of basic facts is proven. The presumption is then treated as a rule of substantive law rather than a presumption.
