This article addresses the competing views of how presumptions operate when evidence is offered challenging the presumed fact. It discusses both the approach of FRE 301 as well as the approach adopted by the Uniform Rules of Evidence.
GW Paper Series
GWU Law School Public Law Research Paper No. 2018-52; GWU Legal Studies Research Paper No. 2018-52
Mueller, Christopher B. and Kirkpatrick, Laird C. and Richter, Liesa, §3.8 Hard Cases Where Counterproof Is Sufficient But Not Conclusive (2018). C. Mueller, L. Kirkpatrick, & L. Richter, Evidence §3.8 (6th ed. Wolters Kluwer 2018); GWU Law School Public Law Research Paper No. 2018-52; GWU Legal Studies Research Paper No. 2018-52. Available at SSRN: https://ssrn.com/abstract=3275016