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Burdens And Presumption Outline

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This is an extract of our Burdens And Presumption document, which we sell as part of our Evidence Outlines collection written by the top tier of Oklahoma City University School Of Law students.

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BURDENS AND PRESUMPTION Burden of Pleading Where explain briefly why think have a case, the burden whose responsible for 1st step

Burden of Proof Burden of Production The amt of evidence sufficient to enable "a juror" reasonably to find for that party if the evidence is found credible If 1 parties evidence presented is sufficient & good enough/credible, the burden of production can then shift to the other party to use own evidence in rebuttal, if fail do this can end up w/ a judgment as a matter of law Burden of Persuasion Once satisfy burden of production, then need satisfy/convince "whole" jury that the evidence is of good enough quality to win on the legal issues ex. if a civil negligence case p must convince fact finder that all the elements of the claim are met by a preponderance of the evidence (all ties under this standard go to D cause not their burden of persuasion)

Standards of Proof Preponderance of the Evidence Analogized to just greater than 50% or "more likely than not" Requires convincing the fact finder that the existence of a particular fact is more likely than not Applies to most civil cases & defenses as well as most (not all) affirmative defenses in crim cases Clear and Convincing Rarest More stringent than preponderance but less than reasonable doubt May be required in civil cases involving fraud, in fed crim cases w/
insanity defense and in many family law issues Beyond a Reasonable Doubt In both Fed & State crim cases, the prosecution must prove all elements of a charged offense beyond a reasonable doubt. This requirement has is basis in the DPC of 14th Amend

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