Two theories of the civil burden of persuasion

D. H. Kaye

doi:10.1093/lpr/2.1.9

Building Exchange Relationships: Perceptions of Sales Representatives' Performance

Psychological Reports ◽

10.2466/pr0.1993.72.2.607 ◽

1993 ◽

Vol 72 (2) ◽

pp. 607-614 ◽

Cited By ~ 10

Author(s):

Jon M. Hawes ◽

Thomas L. Baker ◽

James T. Strong

Keyword(s):

Sales Force ◽

Sales Representatives ◽

Exchange Relationships ◽

Sales Professionals ◽

Burden Of Persuasion ◽

Business To Business ◽

Seller Relationship ◽

Important Objective

Purchasing and sales professionals spend considerable portions of the work week interacting. Usually the burden of persuasion is faced by the seller and a very important objective of any sales call is an improvement in the buyer-seller relationship. This research examined the views of a sample of 173 purchasing executives and 193 manufacturers' representatives concerning sellers' performance on a number of variables related to exchange relationships. Analysis indicated that buyers held significantly more modest views of the performance of sales representatives than did members of the business-to-business sales force.

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Defences and the Burden of Proof in International Law

Exceptions in International Law ◽

10.1093/oso/9780198789321.003.0006 ◽

2020 ◽

pp. 88-107

Author(s):

Joost Pauwelyn

Keyword(s):

International Law ◽

Burden Of Proof ◽

Burden Of Persuasion

The burden of proving a defence is said to be on the party invoking it. As trite as this proposition may sound, in international law it hides a far more complex litigation reality. Distinctions must be made both in terms of types of claims in defence, and types of burdens this may impose on the respondent. This chapter distinguishes six different claims in defence: (i) objections to jurisdiction, (ii) objections to admissibility, (iii) exemptions, (iv) absence of breach, (v) exceptions, and (vi) defences under secondary rules. For each of these six claims in defence, five types of burdens are identified: (i) burden of raising a claim in defence, (ii) burden of production of evidence, (iii) burden of persuasion, (iv) quantum of proof, and (v) standard of review. Although for some claims in defence some types of burden are on the defendant, this is certainly not the case for all.

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Statistical Significance and the Burden of Persuasion

Law and Contemporary Problems ◽

10.2307/1191592 ◽

1983 ◽

Vol 46 (4) ◽

pp. 13 ◽

Cited By ~ 8

Author(s):

David H. Kaye

Keyword(s):

Statistical Significance ◽

Burden Of Persuasion

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Part II Burden and Standard of Proof in International Investment Arbitration, 3 Shifting the Burden of Evidence

10.1093/law/9780198753506.003.0003 ◽

2018 ◽

Author(s):

Sourgens Frédéric Gilles ◽

Duggal Kabir ◽

Laird Ian A

Keyword(s):

Burden Of Proof ◽

International Investment ◽

The Other ◽

Standard Of Proof ◽

Investment Arbitration ◽

Burden Of Persuasion

This chapter explains the process of ‘shifting the burden of evidence’, otherwise known as the ‘shifting principle’. This is the proposition which occurs when the party who bears the initial burden puts forward evidence to support its initial claim. Here, the burden of evidence (or alternatively also termed as the ‘burden of production’, ‘burden of persuasion’, or ‘burden of proceeding’) shifts to the other party to rebut the evidence put forward. Shifting the burden of evidence is to be read in conjunction with the burden of proof principle discussed in the previous chapter. This is because it is only when the initial burden of the party making an allegation is met that the burden is shifted to the other party.

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