burden of persuasion

| \ -pər-ˈswā-zhən \ | burden of per·sua·sion

1. : the responsibility of persuading the trier of fact (as a judge or jury) that the existence of a fact or element (as of an offense or affirmative defense) is more probable than not — compare standard of proof

   Note: If a party fails to meet its burden of persuasion, the trier of fact must find against that party regarding the fact or element.