Presumptions

Question 1

Who has the burden in civil trials?

Answer 1

The party having the burden of persuasion has initial burden of producing legally sufficient evidence as to each element of a claim or defense that a reasonable trier of fact could infer proof of the facts alleged, or loses

Question 2

What are the burdens?

Answer 2

Preponderance - most civil cases, preliminary determinations, and criminal issues like venue, SOL, and voluntariness of confession

Clear and Convincing - High probability of truth (60% likely) - fraud, disbarment, validity of will or deed

Beyond Reasonable Doubt - criminal

Question 3

What is a Presumption?

Answer 3

Inference drawn when one set of facts establishes a very high probability of the existence of another set of facts (proof of letter mailed presumed receipt unless challenged)

Question 4

What is an example of a Conclusive Presumption?

Answer 4

Children under 7 in some states are presumed to be incapable of negligence

Question 5

State Law Presumptions

Answer 5

Are followed when rule of decision arises under state law