Inconsistent Presumptions - Tulsa Trial Attorneys

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Inconsistent Presumptions

If two conflicting presumptions arise the court shall apply the presumption which is founded on the weightier considerations of policy and logic. If there is no such preponderance both presumptions shall be disregarded. 12 O.S. 2305

Inconsistent Presumptions - Definition

The presumed fact of one presumption is inconsistent with the presumed fact of another presumption. 12 O.S. 2301

Basic Fact - Definition

The fact or group of facts giving rise to a presumption. 12 O.S. 2301

Presumption - Definition

A rule of procedure that when a basic fact exists the existence of another fact must be assumed, whether or not the basic fact has any probative value of the existence of the assumed fact. 12 O.S. 2301

Presumed Fact - Definition

The fact which must be assumed. 12 O.S. 2301

General Provisions

Judicial Notice

Presumptions

Relevance

Privilege

Witnesses

  • General Rule of Competency

  • Lack of Personal Knowledge

  • Oath or Affirmation

  • Interpreters

  • Competency of Judge as Witness

  • Competency of Juror as Witness

  • Who May Impeach

  • Evidence of Character and Conduct of Witness

  • Impeachment by Evidence of Conviction of Crime

  • Religious Beliefs or Opinions

  • Mode and Order of Interrogation and Presentation

  • Repealed

  • Unusual Court Procedures to Protect Rights of Incapacitated Persons - Criminal Defendant - Judicial Integrity

Uniform Child Witness Testimony by Alternative Methods Act

  • Short Title

  • Definitions

  • Applicability in Criminal and Noncriminal Proceedings

  • Hearing - When Ordered, How Conducted, Rules of Evidence

  • When Child Witness May Testify by Alternate Means - Findings, Factors, Evidentiary Standards

  • Factors Affecting Selection of Alternate Method of Testifying

  • Orders

  • Opportunity for Cross Examination

  • Construction of Act

  • Use of a Certified Therapeutic Dog

  • Writing Used to Refresh Memory

  • Prior Statements of Witnesses

  • Calling and Interrogation of Witnesses by Court

  • Exclusion of Witnesses

Expert and Opinion Testimony

  • Opinion Testimony by Lay Witnesses

  • Testimony by Experts

  • Bases of Opinion Testimony by Experts

  • Opinion on Ultimate Issue

  • Disclosure of Facts or Data Underlying Expert Opinion

Hearsay

  • Definitions

  • Hearsay Rule

  • Hearsay Exceptions - Availability of Declarant Immaterial

  • Statements by Certain Children Regarding Physical or Sexual Abuse - Admissibility

  • Renumbered as 12 O.S. § 2611.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999

  • Hearsay Exception - Declarant Unavailable

  • Hearsay Exception - Exceptional Circumstances

  • Hearsay Within Hearsay

  • Attacking and Supporting Credibility of Declarant

Authentication and Identification

  • Requirement of Authentication or Identification

  • Self-Authentication

  • Subscribing Witness's Testimony Unnecessary

Contents of Writings, Recordings and Photographs

  • Definitions

  • Requirement of Original

  • Admissibility of Duplicates

  • Admissibility of Other Evidence of Contents

  • Public Records

  • Summaries

  • Testimony or Written Admission of Party

  • Functions of Judge and Jury

  • Medical Bills - Identification

  • Admissibility of Medical Expenses

  • Repealed

  • Admissibility of Evidence of Assemblage in Exercise of Free Speech or Display of Religious Beliefs

Inconsistent Presumptions Litigation Expertise

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