ABSTRACT
Before we examine any of the rules of evidence in detail, I want to de§ne some fundamental concepts.
“BURDEN OF PROOF”
The title of this section is set in quotation marks because, although the term “burden of proof” is frequently used by lawyers, judges, and laypeople, it is not a term favored by academic legal commentators. Those of us who consider ourselves legal scholars prefer to subdivide the phrase into two parts: the burden of persuasion and the burden of going forward with evidence.
