GENERAL PRESUMPTIONS & INFERENCES Flashcards
§ 600 - “Presumption”
What is a presumption?
A presumption is an assumption of fact made from another fact found or otherwise established in the action. A presumption is not evidence.
§ 600 - “Inference”
What is an inference?
An inference is a fact logically and reasonably deduced from another fact or group of facts found or otherwise established in the action.
§ 601 - Classifications of Presumptions
There are two types of presumptions: What are they?
A presumption is either:
1. conclusive; or
2. rebuttable.
§ 601 - Rebuttable Presumptions
What are the implications for rebuttable presumptions?
Every rebuttable presumption affects either:
(a) The burden of producing evidence; or
(b) The burden of proof.
§ 602 - Prima Facia Evidence of Another Fact
What does prima facia evidence of a fact establish?
A statute providing that a fact is prima facie evidence of another fact establishes a rebuttable presumption.
§ 604 - Effect of Presumption Affecting BOPE
A presumption affecting the burden of producing evidence requires the trier of fact to assume the existence of the presumed fact until a party introduces evidence that supports a finding of its nonexistence.
When this happens, the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption.
Nothing in this section shall be construed to prevent the drawing of any inference that may be appropriate.
§ 605 - Presumption Affecting the Burden of Proof
Why do we have presumptions affecting the burden of proof?
A presumption affecting the burden of proof is established to implement some public policy, such as the policy in favor of establishing a parent-child relationship, the validity of marriage, stable property titles . . . .
Whereas presumptions affecting the burden of producing eividence is meant to facilitate the determination of a case (§ 603).
§ 606 - Effect of Presumption Affecting BOP
What is the effct of a presumption that affects the burden of proof?
The effect of a presumption that affects the burden of proof is to impose the burden of proving the nonexsitence of the presumed fact on the other party.
