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

Remember that Social Security has the burden of proof if you were overpaid. —Faisal Kutty, Newsweek, 10 Mar. 2025

The burden of proof in deportation cases In any deportation case, the burden of proof rests with the government to demonstrate that the individual has violated U.S. immigration laws. —Nik Popli, TIME, 10 Mar. 2025

Fiorentino and Town Manager Walsh Mike Walsh said that during the Key Capture review, the council inexplicably changed the burden of proof from the applicant to the town. —Don Stacom, Hartford Courant, 7 Mar. 2025

The government should face a high burden of proof when restricting commerce and development, not when permitting it. —James Broughel, Forbes, 1 Mar. 2025

Word History

First Known Use

1705, in the meaning defined above

Rhymes for burden of proof

• aloof
• behoof
• disproof
• flameproof
• foolproof
• greaseproof
• leakproof
• reproof
• soundproof
• bulletproof
• fireproof
• waterproof

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.