About Presumptions in Civil Actions
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Authors
Fenner, G. Michael
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Nebraska legislature has said that in civil cases presumptions shift the burden of persuasion. The Nebraska Supreme Court regularly says that certain presumptions disappear from the case once contrary evidence is introduced. That which has shifted the burden of persuasion, can hardly be said to have disappeared from the case. This apparent conflict provides the impetus for this piece. More precisely: in 1975 the Unicameral said that In all cases not otherwise provided for by statute or by these rules a presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence...
Description
Citation
17 Creighton L. Rev. 307 (1983-1984)
Publisher
Creighton University School of Law