burden of persuasion

burden of per·​sua·​sion | \ -pər-ˈswā-zhən \

Legal Definition of burden of persuasion

: 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

Note: If a party fails to meet its burden of persuasion, the trier of fact must find against that party regarding the fact or element.

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Dictionary Entries Near burden of persuasion

burden of going forward with the evidence

burden of persuasion

burden of production

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Cite this Entry

“Burden of persuasion.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/burden%20of%20persuasion. Accessed 16 Sep. 2021.

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