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LSDefine
Simple English definitions for legal terms
persuasion burden
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A quick definition of persuasion burden:
Persuasion burden is the responsibility of a party to convince the person deciding the case to believe their side of the story. In a civil case, the person who filed the case has to prove their case by showing that their version of events is more likely true than not. In a criminal case, the prosecution has to prove their case beyond a reasonable doubt, which means they have to show that there is no other reasonable explanation for what happened. Persuasion burden is also called burden of persuasion, risk of nonpersuasion, or risk of jury doubt.
A more thorough explanation:
Persuasion burden refers to the responsibility of a party to convince the fact-finder to view the facts in a way that favors that party.
In civil cases, the plaintiff has the persuasion burden, which means they must prove their case by a preponderance of the evidence. On the other hand, in criminal cases, the prosecution has the persuasion burden, which means they must prove their case beyond a reasonable doubt.
For example, in a civil case where a person is suing another for damages caused by a car accident, the plaintiff has the persuasion burden to prove that the defendant was at fault and caused the accident. In a criminal case, the prosecution has the persuasion burden to prove that the defendant committed the crime they are being accused of.
The persuasion burden is also known as the burden of persuasion, risk of nonpersuasion, or risk of jury doubt. It is important to note that the persuasion burden is not the same as the burden of proof, although the two terms are often used interchangeably.