The trier of fact would be a judge in a nonjury or bench trial A trial where the trier of fact is a judge, rather than a jury. The trier of fact determines whether a party met the burden of proof at trial. ![]() ![]() The defendant often has the burden of proving any defense. The plaintiff or prosecutor generally has the burden of proving the case, including every element of it. “Meeting the burden of proof” means that a party has introduced enough compelling evidence to reach the standard defined in the burden of persuasion. This standard is simply a measuring point and is determined by examining the quantity and quality of the evidence presented. The burden of persuasion is the duty to convince the judge or jury to a certain standard, such as beyond a reasonable doubt The burden of proof in a criminal case, which must be enough compelling evidence to overcome the defendant’s presumption of innocence., which is defined shortly. The burden of production is the obligation to present evidence to the judge or jury. ![]() and the burden of persuasion The duty to convince the trier of fact to a certain standard. The burden of proof has two components: the burden of production The duty to present evidence to the trier of fact. , “Definition of Burden of Proof,” accessed September 26, 2010. The burden of proof is a party’s responsibility to prove a disputed charge, allegation, or defense.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |