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

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

The burden of proof, however, lies with Musk—and demonstrating that OpenAI had planned to defraud him at the time of its founding will be challenging in the absence of clear evidence. —Christiaan Hetzner, Fortune, 13 Oct. 2024

Some have elevated the standard for burden of proof that law enforcement has to have to seize property. —Jeanine Santucci, USA TODAY, 18 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.