Stubble wrote: ↑Mon Nov 24, 2025 8:09 am
You have asserted.
You have 'evidenced' literally nothing.
roberta:
How would you evidence if someone had been somewhere or not?
Stubble wrote: ↑Sun Nov 23, 2025 2:06 pm
Nessie, the above post is clutter. Provide some kind of specific argument about why you believe the testimony, if you please.
roberta:
I think you are struggling to understand evidencing.
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Black's law dictionary
evidence
Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention. Taylor v. Howard, 111 R.I. 527, 304 A.2d 891, 893.
Testimony, writings, or material objects offered in proof of an alleged fact or proposition. That probative material, legally received, by which the tribunal may be lawfully persuaded of the truth or falsity of a fact in issue. People v. Leonard, 207 C.A.2d 409, 24 Cal.Rptr. 597, 600.
Testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. Calif.Evid.Code.
All the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.
Any matter of fact, the effect, tendency, or design of which is to produce in the mind a persuasion of the existence or nonexistence of some matter of fact. That which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on the one side or on the other. That which tends to produce conviction in the mind as to existence of a fact. The means sanctioned by law of ascertaining in a judicial proceeding the truth respecting a question of fact. As a part of procedure "evidence" signifies those rules of law whereby it is determined what testimony should be admitted and what should be rejected in each case, and what is the weight to be given to the testimony admitted.
burden of production
The burden of production refers to a party's obligation to come forward with sufficient evidence to support a particular proposition of fact. The burden of production combines with the burden of persuasion to make up the burden of proof throughout a trial.
Satisfying the burden of production may also be referred to as establishing a prima facie case. Determining whether a party has satisfied its burden of production is not an issue of fact for the jury; it is an issue of law. As a result, a judge can dismiss a case before it ever gets to the jury when they believe this burden has not been met.
When a party has satisfied its burden of production, it has produced enough evidence on an issue to have the issue decided by the fact-finder rather than decided against the party in a directed verdict, motion for judgment as a matter of law or motion for summary judgment.
The burden of production is also referred to as: "burden of going forward with evidence," "production burden."
[Last reviewed in June of 2022 by the Wex Definitions Team]
burden of persuasion
The burden of persuasion is the requisite degree of belief a party must convince a jury that a particular proposition of fact is true. Combined with the burden of production, the burden of persuasion makes up one half of the burden of proof.
In civil cases, a party's burden is usually "by a preponderance of the evidence." In criminal cases, the prosecution's burden is "beyond a reasonable doubt." In practice, the given burden of persuasion is often dispositive in close cases or cases where evidence is limited. As a result, courts often utilize burden shifting to place the burden of persuasion upon the party best capable of producing relevant evidence (see Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248 (1981)).
Unlike the burden of production, the burden of persuasion is an issue of fact, not an issue of law. As a result, a judge cannot dismiss a case before it reaches the jury for failing to meet the burden of persuasion.
[Last reviewed in November of 2024 by the Wex Definitions Team]
burden of proof
Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt.
In civil cases, the plaintiff has the burden of proving their case by a preponderance of the evidence, which means the plaintiff merely needs to show that the fact in dispute is more likely than not. A "preponderance of the evidence" and "beyond a reasonable doubt" are different standards, requiring different amounts of proof.
The burden of proof is often said to consist of two distinct but related concepts: the burden of production, and the burden of persuasion.
Depending on the jurisdiction and type of action, the legal standard to satisfy the burden of proof in U.S. litigation may include, but is not limited to:
beyond a reasonable doubt in criminal law.
clear and convincing evidence to prove fraud in will disputes.
preponderance of the evidence in most civil cases.
probable cause in the acquisition of a warrant or arrest proceeding.
reasonable belief as part of establishing probable cause.
reasonable suspicion in cases involving police stop and searches.
some credible evidence in cases necessitating immediate intervention, like child protective services disputes.
some evidence in cases involving inmate discipline.
substantial evidence in many appellate cases.
[Last reviewed in November of 2024 by the Wex Definitions Team]