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Chamberlain

Chamberlain

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Chamberlain

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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.