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Federal Rules of Evidence: Article III
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Role of Presumptions in Burden-Shifting
Presumptions affect the burden of proof by initially requiring the party with the benefit of the presumption to prove a certain foundational fact. Once the presumption is established, it shifts the burden to the opposing party to produce evidence to rebut the presumption, but the ultimate burden of persuasion remains with the party who had the original burden.
Distinction between 'Conclusive Presumption' and 'Rebuttable Presumption'
A 'conclusive presumption' cannot be contested and is accepted as truth, with no opportunity for rebuttal, whereas a 'rebuttable presumption' can be refuted with evidence. Article III deals primarily with rebuttable presumptions in civil cases.
Rule 302: Applying State Law to Presumptions in Civil Cases
Rule 302 states that in civil cases, when state law governs the claim for relief, the presumption laws of that state are to be applied, except in case of statutory or constitutional requirements for a federal question.
Understanding 'Rebuttable Presumption'
A 'rebuttable presumption' is a legal assumption that something is true until it is disproved. Under Article III in civil cases, the existence of a certain fact leads to a presumption that is rebuttable by presenting evidence to the contrary.
Rule 301: Presumptions in Civil Cases Generally
Rule 301 establishes that in a civil case, unless a federal statute or these rules provide otherwise, the party against whom a presumption is directed has the burden of producing evidence to rebut the presumption, but not the burden of persuasion, which remains on the party who had the benefit of the presumption.
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