Define burden of proof, burden of going forward, and burden of persuasion.

Question

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The Answer is The burden of proof refers to the obligation of a party in a legal proceeding to present evidence and prove their case. In criminal cases, the burden of proof lies with the prosecution to prove the defendant's guilt beyond a reasonable doubt. In civil cases, the burden of proof is typically on the plaintiff to prove their case by a preponderance of the evidence.

The burden of going forward, also known as the burden of production, refers to the obligation of a party to present enough evidence to create a presumption in their favor. This burden shifts back and forth between the parties as the case progresses, with each side having to present evidence to support their claims or defenses.

The burden of persuasion, also known as the burden of proof, refers to the obligation of a party to convince the fact-finder (judge or jury) that their version of the facts is more likely true than not. In criminal cases, this burden rests with the prosecution to prove the defendant's guilt. In civil cases, the burden of persuasion typically lies with the plaintiff to prove their case by a preponderance of the evidence.

Define Burden of Proof, Burden of Going Forward, and Burden