3. Which of the following is correct?

A presumption is a rule that requires a particular inference to be drawn from an ascertained set of facts. It is a form of substitute proof or evidentiary shortcut, where «proof» of the presumed fact is rendered unnecessary once evidence has been introduced to the basic fact that gives rise to the presumption.

Under Federal Rule of Evidence (FRE) 301, a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut the presumption. However, this rule does not shift the burden of persuasion, which remains throughout the trial upon the party who had it originally. A presumption is overcome or destroyed when the adversary produces some evidence contradicting the presumed fact. In other words, the presumption is of no force or effect when sufficient contrary evidence is admitted. Fed. R. Evid. 301.

A letter shown to have been properly addressed, stamped, and mailed is presumed to have been delivered in the due course of mail. The presumption is said to be based upon the probability that officers of the government will perform their duty.

B is correct. The rule is that the jury may, but is not required to, find that the notice was received by the defendant. The plaintiff's presumption under the mailbox rule that the properly addressed, stamped, and mailed notice reached its destination (the defendant's receipt) then imposes on the party against whom it is directed (here, the defendant) the new burden of presenting evidence to rebut or meet the presumption. In response to the presumption under the mailbox rule, the defendant testified that she never received the notice. The jury is thus empowered to judge the credibility of both sides and may, but is not required to, find that the notice was received.

A is incorrect. The plaintiff's presumption that notice was received was rebutted by the defendant's testimony that she did not receive it. The jury's duty is to then decide the weight to give to both sides; it is not required to find that the notice was received.

C is incorrect. The burden of persuasion does not shift under FRE 301. It is up to the defendant to rebut the mail delivery presumption if she so chooses, but the burden of persuasion remains upon the party on whom it was originally cast (the plaintiff in this case) throughout the trial. The defendant is not required to persuade the jury of non-receipt.

D is incorrect. The rebuttal of a presumption does not require a finding for the rebutting party. In addition, the evidence that the notice was not received was contradicted by evidence of the properly mailed notice. The jury, as fact finder, may find the notice was received, but is not required to.