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
These examples are automatically compiled from online sources to illustrate current usage. Opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.
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 Idaho now places the burden of proof on its agencies, requiring all regulations to expire after five years unless the agency can justify keeping them in place. Patrick A. McLaughlin, The Mercury News, 11 Sep. 2024 See all Example Sentences for burden of proof 

Word History

First Known Use

1705, in the meaning defined above

Time Traveler
The first known use of burden of proof was in 1705

Dictionary Entries Near burden of proof

Cite this Entry

“Burden of proof.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/burden%20of%20proof. Accessed 7 Nov. 2024.

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 incompetencyW. 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.

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