burden of persuasion

burden of persuasion. A party’s duty to convince the fact-finder to view the facts in a way that favors that party. • In civil cases, the plaintiff’s burden is usu. “by a preponderance of the evidence,” while in criminal cases the prosecution’s burden is “beyond a reasonable doubt.” — Also termed persuasion burden; risk of nonpersuasion; risk of jury doubt. — Also loosely termed burden of proof. [Cases: Evidence 90–98. C.J.S. Evidence §§ 120–129.]

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词条贡献者

双语律师郭敏，国际知名商学院金融专业，擅长翻译各类与金融衍生品与结构化产品相关的法律文件。