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Chamberlain
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EvidenceFact Legal Result
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Burden of Production (Basic)
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D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area Shifts BOP Meets BOP
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Two Types of Evidence
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Deciding D’s JAML: Direct Evidence Jury Assume Witness is telling the truth I saw D shoot Victim Would that establish the element? Witness
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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
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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
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Burden of Production (Shifting)
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Meets BOP Shifts BOP D’s Directed Verdict Area P’s Directed Verdict Area Jury Decision Area P’s Evidence D’s Evidence
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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
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Burden of Production (Presumptions)
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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
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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
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