Civic · 6 pages · 12 min
How a burden of proof shifts the risk of doubt
The party with the burden loses on that issue if the evidence leaves the fact in doubt.
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From the opening
A burden of proof assigns, in advance, which side loses on a fact if the evidence stays too thin or too evenly balanced to persuade. Doubt does not float free, because the rule has already given the risk of that doubt to one party. The opening covers doubt is assigned in advance, the bearer must persuade, and a tie goes against that bearer.
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Inside
- Doubt is assigned in advance
- The bearer must persuade
- A tie goes against that bearer
- Production is the smaller duty
- Where the idea stops applying
- A distinction worth keeping
Sources
- Burden of persuasion
- Risk of nonpersuasion