Rule 302 Applicable Law of Presumptions in Civil Cases.
Rule Text
(a) Choice of Law. In a civil case, Virgin Islands law governs the effect of a presumption regarding a claim or defense for which law of this Territory supplies the rule of decision. Where the court determines that the substantive law of another jurisdiction governs the merits of a claim or defense, the effect of an applicable presumption shall be as provided in the law of that jurisdiction.
(b) Inconsistent presumptions. If applicable presumptions are inconsistent, the presumption founded upon weightier considerations of policy shall be applied. If considerations of policy are of equal weight, neither presumption applies.
Subchapter III of Chapter 67, Title 5, repealed in 2010. REPORTER’S NOTE: while the URE has a sample provision "303" summarizing the limited use of presumptions in criminal cases (codifying in effect the Sandstrom line of cases) this is an issue of constitutional law and the presumption of innocence which the Committee, like the federal rules drafters and those of most states, have left to case law.
ARTICLE IV RELEVANCE AND ITS LIMITS