
Burden of Proof
i) production
(1) procedure
(a) move for directed verdict
(b) object if submitted to the jury
(c) if goes to jury, ask for jnov (b/c rzbl jury cannot answer yes to that Q b/c there is no evidence to support it)
(d) complain on appeal there was insufficient evidence
(2) for each essential element of the claim, you must put on sufficient evidence to support a jury finding – “some evidence,” “more than a mere scintilla of evidence”
(3) if you don’t meet, you don’t get to go to the jury
ii) on whom
(1) generally on P
(2) affirm defenses: on D
(3) inferential rebuttal
(a) production on D
(b) persuasion on P
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