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

Plaintiffs generally face a higher burden of proof in federal court for fraud claims. —Kristian Burt, CNBC, 10 Dec. 2024

Stunt doubles face an exceedingly difficult burden of proof under the assumption of risk doctrine, given their informed consent to participate in dangerous stunts. —Legal Entertainment, Forbes, 9 Dec. 2024

At PolitiFact, the burden of proof is on the speaker, Vance, who did not provide details to support his statement. —Sara Swann, Austin American-Statesman, 10 Aug. 2024

But the Aggies went 12-13 in the last two seasons, so the burden of proof is on them. —Seth Emerson, The Athletic, 27 Aug. 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.