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Simple English definitions for legal terms
risk of nonpersuasion
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A quick definition of risk of nonpersuasion:
Risk of nonpersuasion refers to the responsibility of a party to convince the decision-maker to see the facts in their favor. In civil cases, the plaintiff must prove their case by a preponderance of the evidence, while in criminal cases, the prosecution must prove their case beyond a reasonable doubt. This responsibility is also known as the burden of persuasion or the risk of jury doubt.
A more thorough explanation:
Definition: Risk of nonpersuasion refers to the burden of persuasion, which is a party's responsibility to convince the fact-finder to view the facts in a way that favors that party. In simpler terms, it is the risk that a party may not be able to convince the judge or jury of their argument.
For example, in a civil case, the plaintiff has the burden of persuasion to prove their case by a preponderance of the evidence. This means that they must convince the judge or jury that it is more likely than not that their argument is true. In a criminal case, the prosecution has the burden of persuasion to prove the defendant's guilt beyond a reasonable doubt.
Another term for burden of persuasion is persuasion burden or risk of jury doubt. It is important for parties to understand the risk of nonpersuasion in order to present a strong and convincing argument in court.