Chamberlain. EvidenceFact Legal Result Burden of Production (Basic)

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Presentation transcript:

Chamberlain

EvidenceFact Legal Result

Burden of Production (Basic)

D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area Shifts BOP Meets BOP

Two Types of Evidence

Deciding D’s JAML: Direct Evidence Jury Assume Witness is telling the truth I saw D shoot Victim Would that establish the element? Witness

Deciding D’s JAML: Indirect Evidence Jury Assume Witness is telling the truth I heard D say he was going to kill V I saw D enter building Could a reasonable jury infer the element? Witness 10 minutes later, I saw D leave I went in and found the body

No EvidenceWalt: I saw him decapitated!Walt: I saw him fall of his bicycle! Walt: I saw him go in the house. Five minutes later the house blew up! Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area

Burden of Production (Shifting)

Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area P’s Evidence D’s Evidence

40 Bishops: I saw him decapitated! Willy: I saw Sam yesterday. Wes: They weren’t wearing their glasses. Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area

Burden of Production (Presumptions)

Wife: He left 9 years ago & I haven’t seen him since. Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area But Wife could be lying. Legal Presumption

Stipulated: He left 9 years ago & Wife hasn’t seen him since. Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area Wes: I saw him 2 days ago. Legal Presumption Rebutting the Presumption