PART IV. PROBLEMS OF PROOF (2016)

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Universidad Universidad Pompeu Fabra (UPF)
Grado International Business Economics - 2º curso
Asignatura Introduction to business law
Año del apunte 2016
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Fecha de subida 11/11/2017
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Incentives IV Introduction to business law Clara Castells PART IV: PROBLEMS OF PROOF In law, we call the proceeding of proof the burden in law. When something is your burden, it means it is on you.
Burden of production: You have the obligation to show the proof and evidence in the case Presumptions: When you think something is true but you do not know Burden of persuasion: Carried by the person who needs to prove the statement.
Example of presumption: A son who wants to collect his father’s estate has a burden of persuasion to prove that his father is dead. There is no evidence of death but the father has been absent for seven evidence of death, but the father has been absent for seven years. However, this fact is not proof of death.
In this case, the son can argue that he should collect the estate*, on the grounds of a legal rule that raises a presumption. He does not have proof that he is dead, but after a certain time disappeared, the law incorporates a presumption of law.
*Estate: Combination of everything a person owns.
Why presumptions are needed A problem arises because there is p some particular proposition that needs to be accepted at least tentatively before the argumentation can move ahead, but at that point in the dialog, this proposition cannot be proved because the evidence that is available so far is insufficient. so far is insufficient.
Standards in presumptions • More likely than not – preponderance of evidence: Something more likely happened that didn’t happen (51% it happened vs 49% it didn’t).
• Clear and convincing evidence: Something that the judge can base their decision on.
• Beyond reasonable doubt: Any reasonable person in the world has no doubt of the decision. If you can prove that someone committed a crime beyond reasonable doubt, the jury will call him guilty.
It is a high standard, but it is not certainty.
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