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6 Cards in this Set
- Front
- Back
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Rule 301(a). Conclusive and Rebuttable Presumptions
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Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable.
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Presumption on burden of production under Rule 301. Presumptions in General in Civil Actions and Proceedings (b) Types of Rebuttable Presumptions.
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Every rebuttable presumption is either: (1) A presumption that affects the burden of producing evidence by requiring the trier of fact to assume the existence of the presumed fact, unless evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event the existence or nonexistence of the presumed fact shall be determined from the evidence without regard to the presumption; or (2) A presumption affecting the burden of proof.
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Presumption on burden of proof under Rule 301. Presumptions in General in Civil Actions and Proceedings (b) Types of Rebuttable Presumptions.
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Every rebuttable presumption is either: (1) A presumption that affects the burden of production; or (2) A presumption affecting the burden of proof by imposing upon the party against whom it operates the burden of proving the nonexistence of the presumed fact.
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Rule 301. Presumptions in General in Civil Actions and Proceedings (c) Procedural Impact.
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Unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular action in which the presumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence.
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Rule 301. Presumptions in General in Civil Actions and Proceedings (d) Inconsistent Presumptions.
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If presumptions are inconsistent, the presumption applies that is founded upon weightier considerations of policy. If considerations of policy are of equal weight, neither presumption applies.
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Rule 302. Applicability of Federal Law in Civil Actions and Proceedings
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In civil actions and proceedings, the effect of a presumption respecting a fact which is an element of a claim or defense as to which federal law supplies the rule of decision is determined in accordance with federal law.
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