Procedural considerations

Question 1

Burdens of proof

Answer 1

1. Burden of producing E
   
   1. party who has burden of pleading had BOPE sufficient to make prima facie case.
   2. once party has satisfied BOPE, other side has to come forward wi E to rebut the accepted E.
2. Burden of persuasion
   
   1. BOP for civil case - preponderance of E (in some cases, clear and convincing E)
   2. BOP for criminal - beyond reasonable doubt

Question 2

Presumptions

Answer 2

Rule that requires that a particular inference be drawn form an ascertained set of facts. Form of substitute proof in that proof of presumed fact is rendered unnecesary once E has been introduced of the basic fact that give rise to presumption.

1. Effect - shift burden of production
2. rebutted by E contradicting presumed fact
3. distinguished from permissible inferences
   
   1. allows party to meet his burden of production, but does not shift burden to the adversary

Question 3

Relationship of parties, judge, and jury

Answer 3

1. Allocation of responsibilities - Q of law = judge, Q of fact = jury
2. Preliminary determination of admissibility
   
   1. prelimanary facts decided by jury (relevancy) - agency, authenticity of document, credibility of W, personal knowledge
   2. preliminary facts decided by judge (competency) - hearsay exceptions, priviledges, expert testimony, mental competence