Burden of persuasion - Hutchinson encyclopedia article about Burden of persuasion Printer Friendly
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burden of proof
(redirected from Burden of persuasion)

   Also found in: Medical, Legal, Wikipedia 0.04 sec.

burden of proof

In court proceedings, the duty of a party to produce sufficient evidence to prove that his case is true.

In English and US law a higher standard of proof is required in criminal cases (beyond all reasonable doubt), than in civil cases (on the balance of probabilities).

In the US, the burden of proof is on the court, since the accused is presumed innocent; in many other countries, the accused is presumed guilty until cleared, thus putting the burden of proof on the defense.



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The person who deploys a national security justification would have the burden of persuasion.
The Katz decision shifted the burden of persuasion to those wanting to wiretap, forcing them to obtain a prior warrant and encouraged them to seek redress through legislative compromise.
Applying Skidmore here would place the burden of persuasion on the agency to convince the court of the meaning of the relevant statute.
 
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