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Understanding Burden of Production and Jury Decisions in Legal Contexts

This text examines critical concepts in legal processes, particularly the burden of production (BOP) and how it impacts jury decisions. It details the shifts in BOP between plaintiffs (P's) and defendants (D's) and the implications for directed verdicts. Key distinctions between direct and indirect evidence are explored, including how a jury may infer elements based on witness testimonies. The role of legal presumptions and how they may be rebutted is also discussed. This resource is essential for understanding evidence and jury dynamics in legal cases.

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Understanding Burden of Production and Jury Decisions in Legal Contexts

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Presentation Transcript

  1. Chamberlain

  2. Evidence Fact Legal Result

  3. Burden of Production(Basic)

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

  5. Two Types of Evidence

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

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

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

  9. Burden of Production(Shifting)

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

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

  12. Burden of Production(Presumptions)

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

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

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