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.