The Judge's Factfinding Rule (In Jury Trials)
Evidence at Trial
NOVEMBER 10, 2021
Preliminary Facts in Federal Court What attorneys often fail to appreciate is that there are different burdens of proof for a preliminary fact compared to an adjudicative fact. Merrell Dow Pharmaceuticals, Inc. , 104(b) provides a lower burden of proof. See e.g. , Bourjaily v. United States , 483 U.S.
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