Procedural Issues

Question 1

Burden of production

Answer 1

Where a party has the burden of production, that party must come forward with the evidence to establish that fact or issue.

Question 2

Burden of persuasion

Answer 2

The evidence must be sufficient to establish the issue.

a. Civil case: The burden typically rests with the plaintiff and usually is to a preponderance of the evidence standard.
b. Criminal case: The burden of persuasion rests with the prosecution and is beyond a reasonable doubt .

Question 3

Presumptions

Answer 3

Presumptions are inferences that the jury must draw from a set of facts.

Question 4

Burdens of proof

Answer 4

There are two different burdens of proof.

1. Burden of production
2. Burden of Persuasion

Question 5

civil case presumption

Answer 5

A civil case presumption operates to shift the burden of producing evidence (not persuasion) to the opposing party. Examples of rebuttable presumptions: mail delivery, legitimacy, sanity, that a death is not suicide, death from seven years’ absence, etc.

Question 6

criminal case presumption

Answer 6

There is no criminal case presumption . The burden of production and persuasion is always on the prosecution to prove every element of a crime beyond a reasonable doubt.

Question 7

Judge and jury allocations

Answer 7

The judge decides issues of law. The jury decides issues of fact.