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1
WHERE WE ARE WHAT WERE DOING

• Pleading
• Pre-trial
• Trial Post-trial
• Judge/jury relationship
• Appeal

2
TRIALLimits of Rational Inference

• P. 716, note 5
• White Cab v. Yellow Cab
• Hit run by cab
• White cab owns 75
• White cab owns 95
• White cab owns all cabs in Provo
• But outside cabs sometimes
• White cab owns 75
• Plus W says think in service light was white

3
TRIALLimits of Rational Inference

• P. 716, note 5
• White Cab v. Yellow Cab
• Issues
• Standard of proof (50 v. 95)
• Circumstantial v. direct evidence
• Availability of other proof
• All-or-nothing verdicts

4
TRIALLimits of Rational Inference

• P. 716, note 6
• Rare cancer uranium plant
• Statistical evidence
• increase in deathrate
• Linked to arrival of plant

5
TAKEAWAYSLimits of Rational Inference

• Civil Trials
• Not establish 100 truth
• Probabilities
• Rules for 2nd Guessing Jury
• Define outer boundaries

6
TRIAL
Burden of Proof
Burden of Production (before, during trial)
Burden of Persuasion (end of trial)
7
TRIALDistinguishing Burdens

• Hamilton v. Artistic Tattoos
• SJ on negligence per se denied
• Dispute re whether EH signed release
• Case goes to trial

8
TRIALDistinguishing Burdens

• At trial, who has initial
• Burden of production on
• Breach
• Did plug pulling incident happen on 11/28/01?
• Release
• Did Elise Hamilton sign a release?
• How does party satisfy burden?

9
TRIALDistinguishing Burdens

• At trial, if Elise Hamilton
• meets initial burden of production
• What must Artistic Tattoos do
• to get case to jury?

10
TRIAL
Burden of Persuasion
Preponderance of the evidence gt50 (civil)
Clear, cogent, and convincing evidence (fraud,
will contests)
Beyond a reasonable doubt (criminal)
11
TRIALDistinguishing Burdens

• Who has
• Burden of persuasion on
• Breach
• Did plug pulling incident happen on 11/28/01?
• Release
• Whether Elise Hamilton signed the release?

12
TRIALDistinguishing Burdens

• What if jury believes
• plug pulling incident happened on 11/28/01?
• Does burden of persuasion matter?

13
TRIALDistinguishing Burdens

• What if jury believes
• plug pulling incident didnt happen 11/28/01?
• Does burden of persuasion matter?

14
TRIALDistinguishing Burdens

• What if jury cant decide whether
• plug pulling incident happened 11/28/01?
• Does burden of persuasion matter?