burden of proof

American  

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.

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burden of proof British  

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

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burden of proof Idioms  

1. 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.

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Etymology

Origin of burden of proof

First recorded in 1585–95

Example Sentences

“The burden of proof is on the defense in an insanity case, and the jury may see the defense as an excuse for committing a serious crime,” he said.

From Los Angeles Times

While criminal cases require a burden of proof beyond a reasonable doubt, civil cases require only a preponderance of the evidence.

From Los Angeles Times

Both have higher burdens of proof than asylum but don’t provide a pathway to citizenship.

From Los Angeles Times

Apparently, Kennedy has never heard of the burden of proof or the extreme difficulty in proving a negative.

From Salon

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.

From BBC

Related Words

• onus