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

Another drug policy expert said there is no way to know with certainty what a rise in seizures means; generally it is interpreted to mean that more fentanyl is entering the U.S. At PolitiFact, the burden of proof is on the speaker. —Maria Ramirez Uribe, Austin American-Statesman, 14 Oct. 2024

Milwaukee County Circuit Court Judge Laura Crivello rejected a motion by Jones to dismiss the case against his client on the grounds the prosecution had not met its burden of proof. —Chris Ramirez, Journal Sentinel, 4 Sep. 2024

But the burden of proof is on Prospect, and that burden is high. —Brett Owens, Forbes, 22 Oct. 2024

However, many officers want the burden of proof to be the criminal test: what the officer honestly believed as chose to act, rather than the lower burden of proof used in civil court, said BBC legal correspondent Dominic Casciani. —The Week Staff, theweek, 23 Oct. 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.