Section 2.10 Evidentiary Considerations
| Library | Sources of Proof (2014 Ed.) |
A. (§2.10) Evidentiary Considerations
The first rationale for a presumption is one of convenience. Specifically, there are many instances in which one party to a lawsuit has superior knowledge of, or superior access to sources of proof on, a particular matter in dispute. 2 MCCORMICK ON EVIDENCE § 343, p. 681 (Kenneth S. Broun ed., 7th ed. 2013). Additionally, the initial allocation of burdens as to factual propositions may have an unfair result, such as one party being required to prove a negative. In such a case, the...
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