Crucial Exams

Multistate Bar Examination Practice Question

During a civil trial for breach of contract, the plaintiff presents evidence that a letter was sent to the defendant demanding payment. While there is no direct evidence showing the letter was received, the plaintiff provides a certified mail receipt showing delivery to the defendant's address. The defendant denies receiving the letter. The court instructs the jury regarding a legal presumption that a properly mailed document is assumed to have been received. How does this presumption impact the trial?

  • It shifts the burden of production to the defendant, requiring them to introduce information challenging the presumption of receipt.

  • It creates an inference that the letter reached the defendant, which the defendant may counter by raising questions about its delivery.

  • It shifts the ultimate burden of proving receipt to the defendant, requiring them to establish the letter was never delivered.

  • It requires the plaintiff to provide additional proof that the defendant personally received the letter.

Multistate Bar Examination
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