Title: Privilege
1Class 26
Helolo
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2Chap. 9 Burdens of Proof Presumptions
- A. Burdens of Proof
- B. The Federal rule
3Burdens of proof
Burden of Persuasion
Burden of Production
Make up your darn mind
May shift
Does not shift
Groan
Plaintiff
Defendant
4Burdens of proof
Burdens of Persuasion
2 components
2. Which party will lose if the fact-finder
concludes that that quantum of evidence is not
present.
1. The quantum of evidence that must be present
for the party with the burden to win
5Burdens of proof
Burdens of Persuasion
How many?
- Articulable suspicion
- Probable doubt
- Preponderance of the evidence
- Clear and convincing
- Beyond a reasonable doubt
- Absolute metaphysical certainty
Joke
6Burdens of proof
Jimmy crack corn We dont care
Burden of Production
The burden of production is not something that
concerns the jury
7Burdens of proof
They never got there Motion granted
Burden of Production
Your Honor, the defense moves for judgment as a
matter of law
The court uses the burden of production to decide
dispositive motions
8Chap. 9 Burdens of Proof Presumptions
- A. Burdens of Proof
- B. The Federal rule
- A. Burdens of Proof
- B. The Federal rule
9What is the difference between an inference and a
presumption?
How would you like a free ride in My cannon?
Hmmmm . . .
They are spelled differently
10 To infer Or not to infer. That is the question
Oh all right. Dont be so darn sensitive.
Inferences are permissive but not mandatory.
11 And Presumptions come in 2 flavors
Presumptions, on the other hand, are mandatory
and
Rebuttable presumptions
Conclusive Presumptions
12havent you forgotten something?
Starts with a C Ends with a N Has 12
letters
Hmmmm . . .
Presumptions cannot be used against an accused
Can you give me a hint?
Hmmmm . . .
Oh, yea
C_ _ _ _ _ _ _ _ _ _ n
13Thats all Folks