burden of proof

noun phrase

: the duty of proving a disputed assertion or charge

Examples of burden of proof in a Sentence

Recent Examples on the Web

Here, Kelley does put a slight emphasis on the burden of proof, aka the state’s responsibility to prove Rusty is the killer beyond a reasonable doubt. —Ben Travers, IndieWire, 12 June 2024

On June 7, defense lawyers urged the judge to acquit Mr. Biden of the charges, arguing prosecutors had not met their burden of proof. —Claudia Lauer and Alanna Durkin Richer, The Christian Science Monitor, 12 June 2024

And being entrusted with the prosecution, satisfying the burden of proof, that is also a high calling. —Rafaela Bassili, Vulture, 12 June 2024

The burden of proof of the existence of just cause for a dismissal is on the administration. —Kelly Meyerhofer, Journal Sentinel, 25 Apr. 2024

Word History

First Known Use

1705, in the meaning defined above

Legal Definition

burden of proof

: the responsibility of producing sufficient evidence in support of a fact or issue and favorably persuading the trier of fact (as a judge or jury) regarding that fact or issue

the burden of proof is sometimes upon the defendant to show his incompetency

—W. R. LaFave and A. W. Scott, Jr.

compare standard of proof

Note: The legal concept of the burden of proof encompasses both the burdens of production and persuasion. Burden of proof is often used to refer to one or the other. Burden of proof and burden of persuasion are also sometimes used to refer to the standard of proof.