What is the burden of persuasion in civil law?

In Minnesota, the burden of persuasion in civil law is the standard required to prove a case. This is different than the burden of proof, which is the standard used to determine if a case is proven. The burden of persuasion is the level of confidence with which a court must be convinced that a dispute is true. Generally, the burden of persuasion is less than the burden of proof, which is the standard needed to win a case. In Minnesota, the burden of persuasion is usually on the plaintiff, or the person bringing the claim. The plaintiff must prove each element of the claim by a preponderance of the evidence. This means that it is “more likely than not” that the plaintiff’s case is true. The plaintiff must present enough evidence that a court finds that the claim is more likely true than false. In some cases, the burden of persuasion may be shared by both parties. For example, in a contract dispute, both parties may have to provide evidence to prove that a contract was breached or that it was not breached. The burden of persuasion would be on the party that is alleging the breach. In Minnesota, it is important to understand the burden of persuasion when bringing or defending a civil claim. Knowing the standard and providing enough evidence to meet the standard can often be the difference between winning and losing a case.

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What is the burden of persuasion in civil law?

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