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

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

From Salon

Five years after Floyd’s final breath, the burden of proof still falls heaviest on the most vulnerable.

From Los Angeles Times

“It’s not just about arresting illegal aliens, it’s about holding employers responsible too — but there’s a burden of proof,” Homan said.

From Los Angeles Times

Mr Roberts-Smith, who left the defence force in 2013, maintains his innocence and has not been charged over any of the claims in a criminal court, where there is a higher burden of proof.

From BBC

A higher legal threshold applies to a criminal case than a civil case as in a criminal case the burden of proof is beyond reasonable doubt.

From BBC

Related Words

• onus