burden of persuasion

burden of per·​sua·​sion
-pər-ˈswā-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

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.

Cite this Entry

“Burden of persuasion.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/burden%20of%20persuasion. Accessed 27 Feb. 2025.

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