Burden of Persuasion
/ˈbɜːrdən əv pərˈsweɪʒən/
Definitions
- (n.) The obligation on a party to convince the fact-finder to a required degree of certainty regarding a disputed fact or issue in a legal proceeding.
The plaintiff bears the burden of persuasion to prove negligence by a preponderance of the evidence.
- (n.) The level of proof the party carrying the burden of persuasion must meet, such as 'beyond a reasonable doubt' or 'preponderance of the evidence'.
In criminal cases, the prosecution bears the burden of persuasion beyond a reasonable doubt.
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Commentary
The burden of persuasion is distinct from the burden of production; it specifically concerns persuading the fact-finder rather than merely producing evidence.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.