BURDENS AND PRESUMPTION

Burden of Pleading

Where explain briefly why think have a case, the burden whose responsible for 1^st 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 π 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 Δ 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 14^th Amend

Inferences and Presumptions

Inferences

Common sense conclusions deduced from facts

Inferences must be rational under the circumstances to be proper

Most often operate w/ circumstantial evidence combined w/ common knowledge

Presumptions

A legal inference=

A rule of law that states that once a certain fact (Fact A) is established, the presumed fact (Fact B, the elemental fact)

Presumptions come in 2 Flavors

Permissive

Court will usually instruct the jury that they MAY but are not required to conclude the presumed fact (Fact B, the elemental fact) exists IF the presumption isn’t contested.

Mandatory

Court will usually instruct the jury that they MUST find the concluded fact (Fact B) exists IF the presumption isn’t contested.

Levels of Presumptions

Conclusive or irrebutable (rare)

Assume unless rebutted

Permissible, can but don’t have to

Rule 301. Presumptions in Civil Cases

In all civil actions & proceedings not otherwise provided for by an Act of Congress or these rules, a presumption imposes on the party against whom it is directed the burden of going forward w/ evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of non-persuasion, which remains throughout the trial w/ the party on whom it was originally cast.

Thayer Theory(prevalent theory)(bubble burst)

If the opponent introduces evidence that rebuts Fact B, the presumption DISAPPEARS, but the evidence remains

Morgan Theory

A presumption shifts the burden of proving the nonexistence of the presumed fact to the opposing party.

In Re Yoder Co.

CL has long recognized a presumption that an item properly mailed was received by the addressee

The presumption arises on proof that the item was properly addressed, has correct postage, and was put in the mail

Issue here was if the presumption was sufficiently rebutted & if so what the result was?

Ct. here adopted Thayer and say the bubble burst and said this more consistent w/ rule 301.

Presumptions in Criminal Cases

Not addressed by the FREs.

There are several constitutional amendments that protect Δs, which limit the effect of presumptions favoring the prosecution.

Ie. 14^th amend & requirement for beyond reasonable doubt, and right to jury trial

Also Sup.Ct. rule that 14^th amend DP requires there to be a “rational connection” btwn the facts establishing a presumption in crim case (Fact A) and the presumed fact (Fact B)

County Court of Ulster County v. Allen

Ct. distinguishing btwn permissive & mandatory presumptions

Here presumption was if d in car w/ gun then can presume d posses gun.

Where permissive, a presumption is invalid only where party can demonstrate “invalidity as applied to him”

Ct. said permissive...

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