Section 4.56 “Shifting” Approach

• Library: Evidence 2017

2. (§4.56) “Shifting” Approach

An alternative approach is to shift the burden of persuasion to the opponent of the presumption. In other words, the presence of the basic fact means that the presumed fact is taken as true until the opponent of the presumption introduces contrary evidence that the trier of fact actually believes. See generally 2 John W. Strong, McCormick on Evidence § 344(A), pp. 445–52 (5^th ed. 1999). Obviously, in civil cases, mere “substantial evidence” would not suffice to rebut a...