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LEARNING OBJECTIVES
- Define the burden of proof.
- Distinguish between the burden of production and the burden of persuasion.
- Compare the civil and criminal burden of proof.
- Compare inference and presumption.
- Compare circumstantial and direct evidence.
The key to the success of a civil or criminal trial is meeting the burden of proof. A failure to meet the burden of proof is also a common ground for appeal. In this section, you learn the burden of proof for the plaintiff, prosecution, and defendant. You also are introduced to different classifications of evidence and evidentiary rules that can change the outcome of the trial.
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