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Simple English definitions for legal terms

burden of persuasion

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A quick definition of burden of persuasion:

The burden of persuasion is the responsibility of convincing a jury that a certain fact is true. It is one half of the burden of proof, along with the burden of production. In civil cases, the burden is usually "by a preponderance of the evidence," while in criminal cases, the prosecution's burden is "beyond a reasonable doubt." If evidence is limited or the case is close, the burden of persuasion can be decisive. Courts may shift the burden of persuasion to the party with the best evidence. Unlike the burden of production, the burden of persuasion is a factual issue, not a legal one, and a judge cannot dismiss a case for failing to meet it.

A more thorough explanation:

The burden of persuasion is the level of belief that a party must convince a jury that a particular fact is true. It is one half of the burden of proof, along with the burden of production. In civil cases, the burden is usually "by a preponderance of the evidence," while in criminal cases, the prosecution's burden is "beyond a reasonable doubt." The burden of persuasion is often dispositive in close cases or cases where evidence is limited, and courts may shift the burden to the party best capable of producing relevant evidence.

In a civil case, the plaintiff has the burden of persuasion to prove that the defendant is liable for damages. If the plaintiff can convince the jury by a preponderance of the evidence that the defendant is responsible, then the plaintiff will win the case.

In a criminal case, the prosecution has the burden of persuasion to prove that the defendant is guilty beyond a reasonable doubt. If the prosecution can convince the jury that there is no reasonable doubt that the defendant committed the crime, then the defendant will be found guilty.

These examples illustrate how the burden of persuasion determines the level of belief required to convince a jury of a particular fact. In both cases, the burden is high, but the standard is different depending on the type of case. The burden of persuasion can be dispositive in close cases, meaning that it can determine the outcome of the case if the evidence is limited or inconclusive.

burden of allegation | burden of production

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KnowledgeableRitzyWasp
18:47
@TruthTheX: praying for your gulc uprising
19:15
Ty me too 🙏
19:15
@Silver: if you want to practice in IL then there’s likely no better school than the in state schools
@SpectacularDefiantMouse: yeah, like condemnedpuffygnome, I'm not really preparing for law school by taking some courses or anything like that. The only way I'm going to be preparing is by getting myself into a rhythm schedule-wise, well enough in advance of the first day of classes, that I think will be necessary for me to do well 1L.
I'm very much not in rhythm now. lol. But I've 3-ish months.
19:55
@Silver: Cost of attendance is what matters. $37K in-state tuition = $47K sticker price with a $10K scholarship elsewhere, $70K sticker with a $40K scholarship is better than either, $40K sticker with a $0 scholarship worse than both.
19:55
(Assuming placement etc. is comparable)
Congrats on Harvard, jb2028. Any reason you applied to A&M but not Texas at Austin? Seems odd.
19:58
@BankruptcyAndRestructuringLawIsCool: Family connection, they gave me a CAS waiver so it was free
Question for the chat about judicial internships (not externships). My understanding is that judicial internships (as opposed to externships) during the summer are unpaid. How, then, do people who get them pay living expenses during the summer? Do they just make loans stretch for 12 months when they're only meant for 9? I heard that some people supplement the internship with, e.g., a research assistant position with a law professor. But would such a person both do the internship and the RA position at the same time? And if so, is that too much work or feasible?
I don't know what the workload is really like for judicial internships and RA positions.
Also curious what other things people might do to supplement an unpaid judicial internship over the summer with something paid.
20:20
@BankruptcyAndRestructuringLawIsCool: Many schools will provide some type of stipend for unpaid summer roles with a public interest employer (defined broadly, often includes any gov or judicial job)
Right, I thought so. At BU, though, it appears that what's called BU's public interest project grant is not available to supplement judicial internships. And I think its public service summer funding is also limited. Oh well.
21:13
@BankruptcyAndRestructuringLawIsCool: FWIW they allude to some type of funding ("BU Law has implemented separate funding sources for judicial interns") in this packet https://www.bu.edu/law/files/2023/11/Public-Service-Summer-Funding-Applicant-Packet-2024.pdf
21:13
Although they don't give details, and as you note they don't guarantee funding to everyone (which is in line with other $ they offer, e.g. the LRAP)
21:14
Anyone know how hard it is to do pro bono work as a 1L for judges or fed gov in general in the D.C. market
21:14
Idk much about pro bono opportunities period but thinking I wanna try to get some work experience as soon as humanly possible
21:14
When I begin law school I mean
21:15
Lines up with BU's limited endowment: $81K per student a few years ago, i.e., enough to support a payout of about $3,250 per student per year at a 4% payout rate https://leiterlawschool.typepad.com/leiter/2022/05/per-student-value-of-law-school-endowments-2021.html
21:17
Seems like they're trying to compete with other schools on program headlines (we fund X, Y, and Z and we have an LRAP) but the endowment can't really support that, so they have all these programs but don't guarantee funding. Would not rely on that if you have alternatives.
Thanks for those links. I'll give the public service summer funding information packet, in particular, a careful read. But yeah, your takeaway seems right.
KnowledgeableRitzyWasp
22:33
i could really use some fried chicken right now
KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
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