§3.8 Hard Cases Where Counterproof Is Sufficient But Not Conclusive

C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §3.8 (6th ed. Wolters Kluwer 2018)

GWU Law School Public Law Research Paper No. 2018-52

GWU Legal Studies Research Paper No. 2018-52

7 Pages Posted: 30 Oct 2018

See all articles by Christopher B. Mueller

Christopher B. Mueller

University of Colorado Law School

Laird C. Kirkpatrick

George Washington University - Law School

Liesa Richter

University of Oklahoma - College of Law

Date Written: 2018

Abstract

This article addresses the competing views of how presumptions operate when evidence is offered challenging the presumed fact. It discusses both the approach of FRE 301 as well as the approach adopted by the Uniform Rules of Evidence.

Keywords: presumptions, bursting bubble, shifting burden of persuasion, FRE 301, Federal Rule of Evidence 301

Suggested Citation

Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §3.8 Hard Cases Where Counterproof Is Sufficient But Not Conclusive (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §3.8 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-52; GWU Legal Studies Research Paper No. 2018-52. Available at SSRN: https://ssrn.com/abstract=3275016

Christopher B. Mueller

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

Laird C. Kirkpatrick (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Liesa Richter

University of Oklahoma - College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States

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