Evidence Law chapter 4: Burdens of Prove and Presumptions at Trial

Closing arguments

After both sides have completed their cases, each side summarizes the evidence presented at trial and argues to the jury why the party should prevail based on the evidence and applicable law.

Presumption

An allow-able conclusion based on proof of underlying facts.

Opening statement

Explanation by attorneys, usually at the beginning of the trial, based on evidence that will be offered, of their version of what happened between the parties and how they think the law should be applied to the case.

Judgment of acquittal

In a criminal case, the term sometimes used to describe a directed verdict when the government fails to present enough evidence to support its case against the defendant.

Burden of proof

Includes the requirement that a party present Eddie dance to support allegations or defenses (burden of production) as well as the need to provide enough evidence to convince the jury one party should prevail over the other (burden of persuasion).

Defenses

Issues raised by defendant that, if proven, precludes the plaintiff in a civil case from recovery, or the government in a criminal case from obtaining a conviction.

Assumption of risk

Knowingly and purposefully exposing oneself to harm; a defense to allegations of negligence.

Greater weight of the evidence

Phrases used in some states instead of "preponderance of the evidence" to mean the same thing.

Rebuttal evidence

Proof offered by a party to contradict evidence offered by the opposing party.

Burden of persuasion

Requirement that a party offer enough evidence to convince a jury the party should prevail.

Burden of going forward with the evidence

Requirement that a party produce evidence on an issue or risk losing on that issue.

Burden of production

Requirements that a party offer evidence to support a claim or defense.

Beyond a reasonable doubt

Standard of proof in criminal cases that requires a high degree of quantity and quality of evidence to supports a conviction.

Preponderance of the evidence

Standard of proof in most civil cases that requires enough evidence to tip the scale in favor of one of the parties.

Clear and convincing evidence

Standard of proof in sensitive cases where the outcome involves social policy issues; requires a high degree of quality evidence then preponderance of the evidence.

Directed verdict

The judge tells the jury how to decide a case, or the judge makes the decisions for the jury because the party has not met the burden of production.

Case-in-chief

The main body of evidence offered by a party; does not include rebuttal evidence.

Standard of proof

The measure proof required to prevail in case.

Voir dire

The questioning of prospective jurors to determine if they are suitable to decide the case.