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Question 1

Rule 201(b)

Answer 1

Judicial Notice:  For a judge to take judicial notice of an adjudicative fact it must be established beyond reasonable dispute, and it must also be either:
-Generally known within the trial judge’s jurisdiction, or
-Accurately and readily determine from sources whose accuracy cannot be reasonably questioned.
In criminal cases, jurors may (but are not required) to accept a judicially-noticed fact. But in civil cases, jurors must accept the judge’s instruction as to the judicially-noticed fact as true.

Question 2

Adjudicative vs. Legislative Facts

Answer 2

Adjudicative facts are facts that arise out of the litigation and that concern the immediate parties. Legislative facts, on the other hand, are facts and arguments that arise out of general lawmaking and policy assessment.

Question 3

Burden of Persausion

Answer 3

The party with the burden of persuasion must convince the trier-of-fact to the appropriate level of certainty that she deserves to win.

Question 4

Burden of Production

Answer 4

The party carrying the burden of production must present sufficient evidence to demonstrate that a reasonable jury could find for it on that claim or issue. Prima facie case.

Question 5

Rule 301

Answer 5

A presumption is a substantive legal rule whereby proof of a designated fact establishes by inference the existence of another fact.
A party seeking to take advantage of a presumption must offer evidence sufficient to meet the burden of production as to each foundational fact.
Under R.301, presumptions are not absolute and can be rebutted. However, it does not shift the burden of persuasion, which remains on the party who possessed it originally.
They are available only in civil cases.