§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)
7 Pages Posted: 30 Oct 2018
Date Written: 2018
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: Suggested Citation