What is the burden of persuasion in civil law?
In civil law in Texas, the burden of persuasion refers to the obligation of the plaintiff (the person initiating the court case), to prove their claim is true. This must be done on a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that their claim is true. The burden of persuasion in Texas is different from the burden of proof, which is a much higher standard. The burden of proof requires that the plaintiff provide evidence that is so convincing that there is no reasonable doubt that their claim is true. The burden of persuasion is a relatively low standard because the plaintiff only has to show that their claim is more likely true than not. In other words, if a jury believes the plaintiff’s claim is 51% true, then their claim is considered to be established. The burden of persuasion is also different from the burden of production. This is a much lower standard of proof, where the plaintiff only needs to present enough evidence to demonstrate them as a legitimate plaintiff in the case. The burden of production does not require the plaintiff to prove their claim is true, merely that the plaintiff has enough evidence to pursue the case. Ultimately, the burden of persuasion is an important element of civil law in Texas. It places the burden on the plaintiff to prove their claim is more likely than not true, and if they cannot do so, the case will not proceed.
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