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burden of proof
(redirected from Burden of persuasion)

   Also found in: Legal, Wikipedia, Hutchinson 0.04 sec.
burden of proof,
n in criminal cases, the task of the prosecuting officers to demonstrate the
actus reus and
mens rea of the crime; in litigation, to lay out the facts of the case. See also actus reus and mens rea.

burden of proof,
n in a legal proceeding, the duty to prove a fact or facts in dispute.


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The person who deploys a national security justification would have the burden of persuasion.
The Katz decision shifted the burden of persuasion to those wanting to wiretap, forcing them to obtain a prior warrant and encouraged them to seek redress through legislative compromise.
Applying Skidmore here would place the burden of persuasion on the agency to convince the court of the meaning of the relevant statute.
 
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