burden of persuasion

burden of persuasion
burden of per·sua·sion /-pər-'swā-zhən/: the responsibility of persuading the trier of fact (as a judge or jury) that the existence of a fact or element (as of an offense or affirmative defense) is more probable than not compare standard of proof
◇ If a party fails to meet its burden of persuasion, the trier of fact must find against that party regarding the fact or element.

Merriam-Webster’s Dictionary of Law. . 1996.

burden of persuasion
n.
The requirement that the party with the burden of proof convince the judge or jury of the validity of his or her case.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


burden of persuasion
n. The burden on a party at trial to present sufficient evidence to persuade the fact-finder, by the applicable standard of proof, of the truth of a fact or assertion and to convince the fact-finder to interpret the facts in a way that favors the party. Also called persuasion burden or risk of non-persuasion.

Webster's New World Law Dictionary. . 2000.


burden of persuasion
The onus on the party with the burden of proof to convince the trier of fact of all elements of his or her case. In a criminal case the burden of the government to produce evidence of all the necessary elements of the crime beyond a reasonable doubt.

Dictionary from West's Encyclopedia of American Law. 2005.


burden of persuasion
The onus on the party with the burden of proof to convince the trier of fact of all elements of his or her case. In a criminal case the burden of the government to produce evidence of all the necessary elements of the crime beyond a reasonable doubt.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

Look at other dictionaries:

  • burden of persuasion — The burden of convincing the jury or the court as the trier of the issue or issues of fact; the ultimate burden of proof. See burden of proof …   Ballentine's law dictionary

  • burden of persuasion — noun The duty upon a party in a legal proceeding to persuade the fact finder to decide for that party on an assertion of fact; part of the burden of proof, sometimes loosely used as synonym for that term …   Wiktionary

  • persuasion burden — | risk of non persuasion =>> burden of persuasion Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • burden of proof — bur·den of proof: the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue the burden of proof is sometimes upon the defendant… …   Law dictionary

  • burden — bur·den n 1: something that is a duty, obligation, or responsibility the prosecution has the burden of proving every element of the offense the statute imposes undue burden s burden of pleading the necessary elements 2 …   Law dictionary

  • burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus …   Black's law dictionary

  • burden — Capacity for carrying cargo. Something that is carried. Something oppressive or worrisome. A burden, as on interstate commerce, means anything that imposes either a restrictive or onerous load upon such commerce @ burden of going forward The onus …   Black's law dictionary

  • burden of proof — noun The duty of a party in a legal proceeding to prove an assertion of fact; it includes both the burden of production and the burden of persuasion; the onus probandi …   Wiktionary

  • Legal burden of proof — This article is about the burden of proof in law. For other uses, see Burden of proof (disambiguation). The burden of proof (Latin: onus probandi) is the obligation to shift the accepted conclusion away from an oppositional opinion to one s own… …   Wikipedia

  • risk of non-persuasion — persuasion burden | risk of non persuasion =>> burden of persuasion Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

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