Saturday, December 17, 2011

Memory pegs Rules 301 and 302

fed 301 mist
fed 302 mason

Texas doesn't have any presumptions under Article III and with the feds, they only apply to civil cases.

So first we have Thomas Jefferson wandering around is a thick mist carrying a heavy backpack. Mist is 301, m=3, s=0, 1=t. Even in the mist, Jefferson knows that he can presume the backpack is still there because he can feel it and see the straps. He knows he has to give evidence of that. But he can't shift the burden to anyone else and make them carry the pack.

Jefferson then trips over a stonemason chipping on a large block of rock shaped like the State of Texas. Mason is 302, m=3, s=0, n=2. The mason tells him state law controls presumptions.

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