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Simple English definitions for legal terms

burden of persuasion

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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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yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
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