Teachers' Manual to Green, Nesson & Murray, Problems, Cases and Materials on Evidence, 3rd Edition

 

CHAPTER X: ALLOCATION, INFERENCE, BURDENS, AND PRESUMPTIONS
  The following page contains links to each section of this chapter along the left margin. Where appropriate, links to the problems, cases and articles cited in the section are included below the link to the section.  
 
       
Introduction  

 
A. Allocation in Civil Cases  

  E. Cleary, Presuming and Pleading: An Essay on Juristic Immaturity  
Problem: Civil Allocation in Idylia  
 
 
B. Inference and Speculation: What is the Difference Between Reasoning and Guessing?  

  Problem: Big-Time Charlie  
Problem: Prison Yard  
C. Nesson, Reasonable Doubt and Permissive Inference: The Value of Complexity  
L.J. Cohen, The Probable and the Provable  
 
C. Strategies for Bridging the Gap  

Problem: Family Car  
Problem: Post Office  
Problem: Last Carrier  
 
D. Civil Presumptions and Rule 301  

Hinds v. John Hancock Mutual Life Insurance Co.  
Problem: Conflicting Presumptions  
Texas Department of Community Affairs v. Burdine  
St. Mary's Honor Center v. Hicks  
Wards Cove Packing Co. v. Antonio  
Sindell v. Abbott Laboratories  
 
E. Allocation and Presumption in Criminal Cases  

Problem: Criminal Allocation in Idylia  
Mullaney v. Wilbur  
Patterson v. New York  
R. Allen, Structuring Jury Decisionmaking in Criminal Cases: A Unified Constitutional Approach to Evidentiary Devices  
C. Nesson, Rationality, Presumptions, and Judicial Comment: A Response to Professor Allen  
 
F. Criminal Presumptions: Are There Problems with the Fifth Amendment and the Presumption of Innocence?  

Problem: Moonshine  
Yee Hem v. United States  
Griffin v. California  
C. Nesson, Reasonable Doubt and Permissive Inferences: The Value of Complexity  
 
G. Criminal Presumptions and Rationality  

United States v. Dube  
County Court of Ulster City v. Allen  
Medina v. California