Presumptions and Burdens of Proof

Presumptions and Burdens of Proof in Determining Competency to Stand Trial: An Analysis of <em>Medina v. California</em> and the Supreme Court's New Due Process Methodology in Criminal Cases

More on Presumptions and Burdens of Proof

This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this gives presumptions a force that is too sli...

Burden of Proof, Presumption and Argumentation

The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artifi cial intelligence has built precise formal and computational systems to represent this kind of rea...

A Logical Analysis of Burdens of Proof

The legal concept of burden of proof is notoriously complex and ambiguous. Various kinds of burdens of proof have been distinguished, such as the burden of persuasion, burden of production and tactical burden of proof, and these notions have been described by different scholars in different ways. They have also been linked in various ways with notions like presumptions, standards of proof, and ...

قاعده سازی و مصداق شناسی در اماره ی قضایی

This article responds to the these two major questions, 1. Are there any certain principles and norms in judicial presumptions? 2. In judicial doctrine and proceedings, how are the evidences of judicial presumption introduced and then how are these evidences categorized and stipulated? In respond to the first question, four (public) principles are identified for judicial presumptions, which inc...