Rethinking US Evidence Law: Burdens of Proof and the Effect of Rebuttable Evidentiary Presumptions

This authoritative book presents an essential guide to evidentiary presumptions which can inform strategies for improving legal arguments, decisionmaking and policymaking. Paul F. Rothstein and Ronald J. Coleman rethink key rules and procedures relating to evidence and proof.

Examining the impact of presumptions on normal trial processes, Rothstein and Coleman explain the burdens of pleading, production and persuasion. They explore evidentiary presumptions in civil matters, including in connection to differing theoretical views and codification attempts, as well as the specific nuances in criminal contexts, for example in view of special constitutional protections. Chapters also assess scenarios in which there is evidence for and against the fact that an advocate is seeking to prove by means of a presumption. Emphasizing the differences between presumptions based on inference and on policy, the book provides readers with the vocabulary and toolkit to evaluate competing theories.

Rethinking US Evidence Law is a crucial resource for legal scholars and students interested in the theory and practice of evidence, proof and legal arguments, as well as practicing lawyers and judges in criminal law and justice and civil dispute resolution. Practitioners and policymakers seeking clarification on an often misunderstood legal concept will also benefit from its actionable insights.