burden of proof

noun

1. Chiefly Law.,  the obligation to offer evidence that the court or jury could reasonably believe, in support of a contention, failing which the case will be lost.

2. the obligation to establish a contention as fact by evoking evidence of its probable truth.

burden of proof

noun

1. law the obligation, in criminal cases resting initially on the prosecution, to provide evidence that will convince the court or jury of the truth of one's contention

Word History and Origins

Origin of burden of proof¹

First recorded in 1585–95

Idioms and Phrases

Obligation of proving a disputed charge or allegation. For example, Are you sure you mailed the tax return on time? The burden of proof's on you. A legal term dating from the late 1500s, it has also been used more loosely in recent times.

Example Sentences

Beyond reasonable doubt is typically the burden of proof in criminal cases, while balance of probabilities is the civil one that would be used in such workplace disciplinary decisions.

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However, he explained that the burden of proof in criminal cases lay with the prosecution – they had to prove who fired the shots.

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So it's proposing that the burden of proof be reduced from "beyond all reasonable doubt" - the norm for criminal proceedings - to "on the balance of probabilities", which is used in civil cases.

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She emphasized that her priority was protecting real victims and said her bill didn’t change the burden of proof.

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On top of this, the burden of proof on the government is lessened, and court cases often reach conclusions much faster as a result.

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Related Words

• onus