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Simple English definitions for legal terms

burden of persuasion

Read a random definition: National Guard

A quick definition of burden of persuasion:

The burden of persuasion is the responsibility of convincing a jury that a certain fact is true. It is one half of the burden of proof, along with the burden of production. In civil cases, the burden is usually "by a preponderance of the evidence," while in criminal cases, the prosecution's burden is "beyond a reasonable doubt." If evidence is limited or the case is close, the burden of persuasion can be decisive. Courts may shift the burden of persuasion to the party with the best evidence. Unlike the burden of production, the burden of persuasion is a factual issue, not a legal one, and a judge cannot dismiss a case for failing to meet it.

A more thorough explanation:

The burden of persuasion is the level of belief that a party must convince a jury that a particular fact is true. It is one half of the burden of proof, along with the burden of production. In civil cases, the burden is usually "by a preponderance of the evidence," while in criminal cases, the prosecution's burden is "beyond a reasonable doubt." The burden of persuasion is often dispositive in close cases or cases where evidence is limited, and courts may shift the burden to the party best capable of producing relevant evidence.

In a civil case, the plaintiff has the burden of persuasion to prove that the defendant is liable for damages. If the plaintiff can convince the jury by a preponderance of the evidence that the defendant is responsible, then the plaintiff will win the case.

In a criminal case, the prosecution has the burden of persuasion to prove that the defendant is guilty beyond a reasonable doubt. If the prosecution can convince the jury that there is no reasonable doubt that the defendant committed the crime, then the defendant will be found guilty.

These examples illustrate how the burden of persuasion determines the level of belief required to convince a jury of a particular fact. In both cases, the burden is high, but the standard is different depending on the type of case. The burden of persuasion can be dispositive in close cases, meaning that it can determine the outcome of the case if the evidence is limited or inconclusive.

burden of allegation | burden of production

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[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
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