Tuesday audio. Preliminary Exam posts at noon; due in class next Tuesday. Note that the syllabus makes clear that you are not to leave class once it has begun; I will begin enforcing that. If you have some reason to get-up mid-class, please notify me in advance.
We continue with Presumptions and FRE 301. Why have presumptions--why does the law require the finding of a material fact from certain basic facts? See C&S p. 423 for some common presumptions--why allow those presumptions? What is the difference between a rebuttable and irrebuttable presumption? Consider how FRCP 50 motions fit into this. What is the purpose of factual presumptions? Work all the possible permutations in Question # 106 (on the death presumption); also work the following problem:
Consider the following presumption and how it would work under FRE 301 and FRCP 50: A child born within 300 days of married opposite-sex couple living together as husband and wife shall be presumed to be the product of the marriage.
H sues W for custody and must prove paternity. Consider how the presumption operates on the following:
1) H offers evidence that they were legally married, living as H&W, and the child was born within 300 days of their living together; W offers no evidence.
2) H offers evidence that they were living as H&W and the child was born within 300 days, but no evidence they were legally married.
3) H offers evidence they were legally married but no evidence they were living as H&W.
4) H offers evidence that they were legally married, living as H&W, and the child was born within 300 days of their living together; W offers evid they were not legally married.
5) H offers evidence that they were legally married, living as H&W, and
the child was born within 300 days of their living together; W offers evidence they were not living as H&W.
6) H offers evidence that they were legally married, living as H&W, and
the child was born within 300 days of their living together; W offers evid that H had vasectomy, DNA evidence showing someone else as father, and evidence of an extra-marital affair.
