Also known as: persuasions · burden of persuasion
Written by attorneys · grounded in primary & secondary sources — see below
The obligation of a party to convince the trier of fact of the truth of a proposition according to the applicable standard of proof. The burdened party must meet this obligation or suffer an adverse determination on the issue.
Dylan petitions for a declaration of intestacy after Jordan's death and supplies prima facie proof of death, venue, and heirship. Peggy offers a digital document as Jordan's will and presents metadata plus testimony to show due execution. The court first requires Peggy to meet her burden on execution before addressing Dylan's claim of incapacity.
Evan contests Jordan's will on undue influence grounds after caregiver Carrie obtained a new will favoring her. Carrie presents evidence of due execution and capacity. The court requires Evan to carry the burden of persuasion on unfair persuasion overcoming free will under the applicable standard.
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Nova Development offers maintenance logs showing a pattern of pipe failures in comparable buildings and argues the logs create a presumption that Pacific Estates's neglect caused the flood. Pacific Estates must produce rebuttal evidence on causation, but the ultimate burden of persuasion remains with Nova Development.
The state charges Elena with solicitation after she offered Nurse Jackson a bonus to switch medication labels. Elena raises entrapment and presents evidence of withdrawal. The court requires the prosecution to carry the burden of persuasion on all elements beyond a reasonable doubt.
The state charges a juvenile with an act that would be a crime if committed by an adult and presents evidence of the elements. The court requires the prosecution to establish every element beyond a reasonable doubt because the burden of persuasion in criminal matters demands that degree of certainty.
The Commission investigates an apparent violation of campaign finance rules and determines there is reason to believe a violation occurred. It first attempts to correct the violation through conference, conciliation, and persuasion before filing a civil action for injunctive relief, with the Commission retaining the burden of persuasion on the violation.
The burden of production requires a party to come forward with sufficient evidence to support a finding on an issue. The burden of persuasion requires the same party to convince the trier of fact that the issue is established according to the governing standard of proof. Federal Rule of Evidence 301 makes clear that rebutting a presumption shifts only the burden of production and leaves the burden of persuasion unchanged.
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The proponent of a will must establish prima facie proof of due execution. The contestant must establish lack of testamentary capacity, undue influence, fraud, or revocation. Each party retains the ultimate burden of persuasion on the matters for which it carries the initial burden of proof.
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Unfair persuasion constitutes undue influence when exercised over a party under the domination of the persuader or justified in assuming the persuader will act consistently with the party's welfare. The resulting contract is voidable by the victim.
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The prosecution always bears the burden of persuasion on every element of the offense beyond a reasonable doubt. Affirmative defenses may place a burden of production or, in some jurisdictions, a burden of persuasion on the defendant, but the prosecution's burden on the elements remains constant.
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…unless the plaintiff makes special application to continue its seizure, in which event the plaintiff has the burden of proof and persuasion." This limitation on the purpose and length of time for which sequestered property is held, the court concluded, rendered inapplicable the due process requirements enunciated in Sniadach…