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

Antitrust lawsuits are about preserving competition to benefit consumers, but the burden of proof is on the FTC. —Alexander Coolidge, The Enquirer, 16 Sep. 2024

Zoning commissions bear the burden of proof to justify a rejection, and can base such a decision on only a narrow range of reasons by showing the project raised health and safety concerns substantial enough to outweigh the need for affordable housing. —Don Stacom, Hartford Courant, 6 Mar. 2024

The legal function has the burden of proof to establish its true value to business. —Mark A. Cohen, Forbes, 3 Sep. 2024

Moreover, the law has shifted the burden of proof onto the victim, experts told CNN. —Samra Zulfaqar, CNN, 10 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.