California, United States of America
The following excerpt is from People v. Williams, 20 Cal.4th 119, 83 Cal.Rptr.2d 275, 973 P.2d 52 (Cal. 1999):
Before addressing these arguments, we emphasize the distinction between the burden of raising an issue and the burden of proof. By "burden of raising an issue," we refer to a party's obligation to bring an issue to the attention of the trial court and the opposing party, with the consequence that, if the party fails to do so, it waives the right to raise the issue on appeal. On the other hand, by "burden of proof," we refer to a party's "obligation ... to establish by evidence a requisite degree of belief concerning a fact." (Evid.Code, 115.) This "requisite degree of belief" varies depending on the context, but courts commonly describe it with one of three verbal formulations: proof "by a preponderance of the evidence," "by clear and convincing" evidence, and "beyond a reasonable doubt." (Evid.Code, 115; see also Addington v. Texas (1979) 441 U.S. 418, 423-425, 99 S.Ct. 1804, 60 L.Ed.2d 323.)
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