Monday audio--Part I, Part II. Prelim Exam will be posted here at noon tomorrow; due in class Tuesday, October 10.
Prep Process, Burdens, and Presumptions. We will continue discussing the burden of production and the other possibilities besides Pty I meeting the burden. How does burden of production work within the trial process and under what rules? What are presumptions and how do they operate? See C&S p. 423 for some common presumptions. Consider the following presumption and how it would work under FRE 301 and FRCP 50: "A child born within 300 days of a legally married cis-gendered opposite-sex couple living together as spouses shall be presumed to be the product of the marriage." What is the difference between a rebuttable and irrebuttable presumption?
