We continue with Presumptions. Prep Question # 106; for each possibility, think about the role of FRCP 50, who would move and the arguments from each side, and draft the appropriate jury instructions. Imagine the likely element(s) of this claim to recover life-insurance proceeds. In addition, consider the following further events:
1) Mrs. Young fails to offer evidence of diligent-but-unsuccessful efforts.
2) Mrs. Young offers evidence that Jerry has been gone for 6 years, she has not received tidings, and she has made diligent efforts.
3) During trial, the insurance company calls a surprise witness, who takes the stand and identifies himself as Jerry Young.
Prep the remainder of this section, including unenacted FRE 303 on criminal presumptions.
