Identify Standards of Review & Burdens of Proof - Next Generation Bar Exam

1. Under Chapman v. California, what must the prosecution show for a conviction to stand despite a constitutional trial error?

   That the error was harmless beyond a reasonable doubt. Certain structural errors, such as complete denial of counsel, require automatic reversal.

2. A defendant moves to suppress evidence found in a warrantless search of his home, and the government claims consent. Who bears the burden on the consent issue, and by what standard?

   The government, by a preponderance of the evidence. The government must justify a warrantless search by showing that an exception, such as voluntary consent, applies.

3. What is the difference between the burden of production and the burden of persuasion?

   Production requires enough evidence to reach the factfinder; persuasion requires convincing the factfinder to the required standard. Together they form the burden of proof.

4. On appeal, a party challenges the trial judge's exclusion of a defense witness as a discovery sanction. What standard of review applies?

   Abuse of discretion. Discovery sanctions are committed to the trial court's discretion.

5. Which party bears the burden of establishing that an evidentiary privilege applies?

   The party asserting the privilege. That party must show each element, such as a confidential communication made for legal advice.

6. A defendant moves for summary judgment on its statute of limitations defense. What must the defendant show to win the motion?

   Undisputed evidence establishing every element of the defense, because it bears the burden at trial. A movant with the trial burden cannot rely on gaps in the opponent's proof; it must show that no reasonable jury could reject the defense.

7. What standard of review applies to a jury's verdict challenged for insufficient evidence in a civil case?

   Whether a reasonable jury could have reached the verdict, viewing the evidence favorably to the verdict. Appellate courts do not reweigh the evidence or assess credibility.

8. What standard of review applies to an unpreserved error in a federal criminal appeal?

   Plain error. The error must be plain, affect substantial rights, and seriously affect the fairness of proceedings.

9. Under Jackson v. Virginia, what standard applies to a sufficiency-of-the-evidence challenge to a criminal conviction?

   Whether any rational trier of fact could have found the elements beyond a reasonable doubt. The evidence is viewed in the light most favorable to the prosecution.

10. Under Patterson v. New York, on what issues may a state place the burden of persuasion on a criminal defendant?

    Affirmative defenses that do not negate an element of the crime. A state may not shift the burden on an element of the offense.

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