Legal Definitions - persuasion burden

Persuasion burden refers to the responsibility of a party to convince the fact-finder to view the facts in a way that favors that party.

In civil cases, the plaintiff has the persuasion burden, which means they must prove their case by a preponderance of the evidence. On the other hand, in criminal cases, the prosecution has the persuasion burden, which means they must prove their case beyond a reasonable doubt.

For example, in a civil case where a person is suing another for damages caused by a car accident, the plaintiff has the persuasion burden to prove that the defendant was at fault and caused the accident. In a criminal case, the prosecution has the persuasion burden to prove that the defendant committed the crime they are being accused of.

The persuasion burden is also known as the burden of persuasion, risk of nonpersuasion, or risk of jury doubt. It is important to note that the persuasion burden is not the same as the burden of proof, although the two terms are often used interchangeably.