Civil case: preponderance of the evidence (proponent's proof must slightly outweigh the opponent's) - Some issues in civil cases: clear and convincing evidence is applicable (the proponent's proof must substantially outweigh the opponent's proof) Criminal case: The prosecution's proof of each element of a charge must meet "beyond a reasonable doubt" standard Burden of persuasion: The responsibility of convincing the jury that there is sufficient evidence to warrant a verdict in the prosecutor's favor. Ex: For insanity defense, the defense must present some credible evidence to support the insanity defense - The burden of pleading → the burden of production are placed on the same party. Presenting sufficient evidence to avoid a "directed verdict" by the judge that the prosecutor has fallen so short of presenting proof that no reasonable jury could decide the issue in the prosecutor's favor - When the burden of pleading is on the defense, the burden of production is typically low. Ex: insanity, self-defense, duress Burden of production: The responsibility of presenting sufficient evidence to warrant a jury or judge to consider the issue. Almost always done by putting it in writing in a court filing - To meet its burden of pleading to initiate a case, the prosecution must file a charging document - Many jurisdictions require the defense to file a notice if he is going to pursue certain defenses that will require special preparation by the prosecution to meet them. Burden of pleading: The responsibility of raising the issue or injecting the issue into a case.
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