Monday audio. Prelim Exam drops at 12:30 Tuesday, October 15; due in class on Tuesday, October 22. Instructions here.
We turn to Trial Process, Burdens of Proof, and Presumptions. Prep FRCP 50, FRCrP 29, Problems 103-104, and C&S pp. 5-11 and § 12.1. Again, you may want to review your Civ Pro notes/outline on burden of persuasion and burden of production; we will cover a lot of that territory, but as applied to a trial.
• What is the burden of persuasion? What are the standards of persuasion and what does each mean?
• What does it mean to meet and to shift the burden of production? How does the burden of production play out in trial?
