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Terms Used In Kansas Statutes 60-416

  • Burden of proof: means the obligation of a party to meet the requirements of a rule of law that the fact be proven either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. See Kansas Statutes 60-401
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Proof: is a ll of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact. See Kansas Statutes 60-401

A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt, or by clear and convincing evidence, shall not be affected by Kan. Stat. Ann. §§ 60-414 or 60-415 and the burden of proof to overcome it continues on the party against whom the presumption operates.