New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

evidence 9/1

by: Hannah Notetaker

evidence 9/1 POLI 3380

Hannah Notetaker

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

TH 3:30
Evidence & Legal Reasoning
Dr. Clifton Perry
Class Notes
25 ?




Popular in Evidence & Legal Reasoning

Popular in Department

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.


Reviews for evidence 9/1


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

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as stated the prosecution during the case asked the court to take judicial notice of the fact that Rae’s license had been revoked at the time of all the offenses - meaning that they’re asking the court to make it general knowledge that he had no license during all of this (when he was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


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Jennifer McGill UCSF Med School

"Selling my MCAT study guides and notes has been a great source of side revenue while I'm in school. Some months I'm making over $500! Plus, it makes me happy knowing that I'm helping future med students with their MCAT."

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.