Privilege

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Class 26
Helolo
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• Privilege

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Chap. 9 Burdens of Proof Presumptions

• A. Burdens of Proof
• B. The Federal rule

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Burdens of proof
Burden of Persuasion
Burden of Production
Make up your darn mind
May shift
Does not shift
Groan
Plaintiff
Defendant
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Burdens 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
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Burdens 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
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Burdens of proof
Jimmy crack corn We dont care
Burden of Production
The burden of production is not something that
concerns the jury
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Burdens 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
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Chap. 9 Burdens of Proof Presumptions

• A. Burdens of Proof
• B. The Federal rule

• A. Burdens of Proof
• B. The Federal rule

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What is the difference between an inference and a
presumption?
How would you like a free ride in My cannon?
Hmmmm . . .
They are spelled differently
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To infer Or not to infer. That is the question
Oh all right. Dont be so darn sensitive.
Inferences are permissive but not mandatory.
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And Presumptions come in 2 flavors
Presumptions, on the other hand, are mandatory
and
Rebuttable presumptions
Conclusive Presumptions
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havent 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
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Thats all Folks