Finished
2022
05.25.2022 | 09:00 am

9:00 - 13:30 h

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Second course

"Presumptions in the Law of Evidence"

This course examines presumptions in the law of evidence from a variety of angles. The form or structure of a presumption as an evidentiary device and its function in allocating the burden of proof and regulating factual inferences will be analyzed. We will then move on to a taxonomy of presumptions and study the dichotomy between presumptions of law vs presumptions of fact, rebuttable vs irrebuttable presumptions, and, ‘legal’ versus ‘evidential’ presumptions. Attention will be paid to the presumption of innocence as a special kind of presumption. The rationales or policy underpinnings of presumptions and the extent to which it is legitimate to shift the burden of proof to the accused via a presumption will be critically evaluated.

Wednesday
25
may
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