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This 3 page Class Notes was uploaded by Hannah Notetaker on Thursday September 1, 2016. The Class Notes belongs to POLI 3380 at Auburn University taught by Dr. Clifton Perry in Fall 2016. Since its upload, it has received 11 views.
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Date Created: 09/01/16
9/1/16 Rae vs. State Rae was tried on the counts of criminal mischief, reckless driving, driving while license revoked, and failure to stop at the direction of a police oﬃcer he was convicted as follows: Criminal Mischief - the lesser 3rd degree all others were charged as stated the prosecution during the case asked the court to take judicial notice of the fact that Rae’s license had been revoked at the time of all the oﬀenses - meaning that they’re asking the court to make it general knowledge that he had no license during all of this (when he was driving) so that the jury will have to accept this fact the jury was told they have to accept this fact as true - but it is not mandatory to make the jury accept anything as true, they are allowed to make their own ideas of if it is true or not he went to appeal this because he thought this was wrong - but this was not wrong because they asked for judicial notice, however asking the jury to accept this as true was wrong US v. Scheﬀer You don’t take judicial notice of a polygraph because: it is not reliable, actors can convince themselves that what they are saying is true it could be very prejudicial it is for the jury to decide if the test is reliable Burdens Burdens of Persuasion: does not shift - you have the duty of proving something the law determines the quantum of evidence that must exist for a party to prevail in a charge, claim, or defense the law determines which party bears the burden of establishing that the required quantum of proof exists Ex. negligence in air: one would have to demonstrate that 1. the defendant owed the plaintiﬀ a duty, 2. the defendant was in breach of the duty, and 3. prove that the breach caused a damage or injury ex. you were walking and a car hit you and your body changes so number 3 but you have to prove that you were in fact injured or that there were in fact damages Burdens of Production: burden of proving evidence or going forward when the court is asked to end a case early by dismissal, summary judgement, directed verdict, or similar means, the court must determine whether the party who has the burden or production has oﬀered enough evidence to allow the case to continue and if so, the motion will be denied the burden of production begins with the party who has the burden or persuasion and so if the party fails to oﬀer evidence to support the claim the court will not submit the claim to the jury Kansas v. Carr brothers go out and commit crimes over a few days, named guilty penalty phase is diﬀerent than guilty phase because it was multiple murders - will get life without parole unless the aggravating factors are more than the mitigating factors no burden of persuasion for mitigating factors Supreme court ruled that aggravating factors have to be proven beyond a reasonable doubt but mitigating factors simply have to be found Presumptions - like a ticket there is a foundational fact and from that you infer a conclusion presumptions in a car wreck - rear ending someone presumptions for ﬁnding someone dead - don’t assume its suicide, you must prove that it is come in three forms: 1. Conclusive - presented foundational facts and the conclusion is required; ex. assuming that if you are 7 then you are unable to commit a crime; you cannot rebut against this, it is conclusive and cannot be changed 2. Rebutting - present foundational facts and you’re entitled to draw a conclusion and you can draw that conclusion unless you can rebut it 3. Permissive - rule 303 accepted on constitutional common law; present foundational facts and they can accept the conclusion or reject it DeFeo v. Merchant: evection landlord wants to start eviction proceedings because he gave them notice to get out and NY law says they have 60 days landlord mailed notice to them rebuttable presumption: if you take a letter and address it properly and stick it in the US Postal service then it will get to you so with this, the tenant claims he never receives it, if this is all he does he will loose because the presumption is that he has to rebut it, not just deny it you could rebut it by proving how the mail in that location is not standard Rule 301: Presumptions in a civil case if you present a rebuttable presumption then you do not have to assume the burden of production but the burden or persuasion still remains with the party who it lies with Rule 302: eﬀect of state law or presumptions in a civil case in a civil case, state law governs the eﬀect of a presumption regarding claim or defense for which state law supplies the rule of decision
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