Chapter9 - CHAPTER 9 _ Burdens of Proof and Presumptions A....

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CHAPTER 9 ____________________________ Burdens of Proof and Presumptions A. BURDENS OF PROOF Questions for Classroom Discussion [p. 629] 1. What rule normally (though not always) determines the party who will have a burden of persuasion in a civil action? Why should the rule operate in that way? 2. Can you think of a situation in which this general rule should not apply? 3. Why should a party who bears the burden of persuasion and production as to an issue be denied the opportunity to take a case to trial if the party has no affirmative evidence to support the claim? Why not allow the party to proceed to trial and show, through cross-examination and impeachment of adverse witnesses, that they should not be believed? 4. Negligence action by Plaintiff against Defendant after Plaintiff fell on some stairs in an apartment building allegedly owned by Defendant. Plaintiff claims the stairs were unreasonably dangerous because the handrails were loose, causing her to lose her balance and fall. At trial, Plaintiff testifies about the loose handrails, and calls a doctor to opine about her injuries. Plaintiff then rests, and Defendant moves for a directed verdict. How should the court rule? 5. Same case. In addition to the evidence described above, Plaintiff offers evidence that a sign in front of the building listed Defendant as owner. Plaintiff then rests, and Defendant moves for a directed verdict. How should the court rule? 6.
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This note was uploaded on 01/31/2010 for the course LAW 7330 taught by Professor Lushing during the Fall '05 term at Yeshiva.

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Chapter9 - CHAPTER 9 _ Burdens of Proof and Presumptions A....

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