MBE Rules · Evidence
Presumptions — civil vs. criminal
FRE 301, 302
The rule
In federal civil cases, a presumption shifts the burden of PRODUCTION to the party against whom it is directed but does not shift the burden of persuasion (Thayer 'bursting bubble' approach); state law governs presumptions on state-law claims/elements. In criminal cases, a presumption against the defendant on an element of the offense is unconstitutional if it relieves the prosecution of proving that element beyond a reasonable doubt; only permissive inferences are allowed.
In plain English
In civil court, once the opponent produces evidence rebutting a presumption, the presumption disappears and the jury weighs the underlying facts. In criminal court, the prosecution always retains the burden of persuasion beyond a reasonable doubt on every element, so mandatory presumptions against the accused violate due process.
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