Burden of Persuasion – a party’s duty to convince the fact-finder (judge or jury) to view the facts in a way that favors that party

     This page is continued from Judicial Proceedings >>>> Terms used in Civil and Criminal Proceedings >>>> Evidence:

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burden of persuasion:
(1923)

1. A party’s duty to convince the fact-finder to view the facts in a way that favors that party.  *  In civil cases, the plaintiff’s burden is usually “by a preponderance of the evidence,” while in criminal cases the prosecution’s burden is “beyond a reasonable doubt.” — aka persuasion burden; risk of nonpersuasion; risk of jury doubt; (loosely) burden of proof.

1. The burden of convincing the jury or the court as the trier of the issue or issues of act; the ultimate burden of proof. [2]

1. The ultimate burden of proof; the responsibility of convincing the jury, or in a nonjury trial, the judge, of the truth. [3]

standard of proof (1857) The degree or level of proof demanded in a specific case, such as “beyond a reasonable doubt” or “by a preponderance of evidence”; a rule about the quality of the evidence that a party must bring forward to prevail. — aka degree of proof. [1]

1. The kind, degree, or level of proof required in a particular case.  For EXAMPLE, see and compare clear and convincing proof; proof beyond a reasonable doubt; proof by a preponderance of evidence. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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