presumption shifts the burden of proof

Rule: After the plaintiff produces evidence include certain reasonable presumption, the burden of proof shifts to the defendant to show the presumption is incorrect.

Application to this case: the tenant showed an email from the husband's email address, it is reasonable to presume that the husband sent the email. In order to overcome that presumption, the husband/defendant has the burden to show that the presumption is incorrect, such as showing record of hacking or unauthorized access of email system.

When you say "who can prove that email from defendant's email address was indeed sent by the defendant", you are confusing who has the burden of proof. It is not as complicated as it sounds. It is common sense. Look up "presumption" on wikipedia.

所有跟帖： 

• Then you are not as smart as I thought you were -lexm5- ♂ (0 bytes) () 10/23/2014 postreply 17:30:30

• 那你為什麽要讓小孩子用？你不告訴他密碼，他怎麽用？難道是黑客天才？ -白雲青山- ♂ (0 bytes) () 10/23/2014 postreply 17:50:46

• well said, 耍小聰明的把戲隻能把事情搞複雜. -xmp11- ♀ (0 bytes) () 10/23/2014 postreply 18:12:53