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

In criminal law, "the burden of proof is higher," noted Brandon Garrett, a law professor at Duke University -- with prosecutors required to establish guilt beyond a reasonable doubt.

From Barron's • May 11, 2026

But setting aside the burden of proof required in a courtroom, this outcome was hard for many in the court of public opinion to accept.

From The Wall Street Journal • May 1, 2026

As always, the burden of proof would be on you to make your case that your stepmother made an unambiguous promise.

From MarketWatch • Feb. 23, 2026

Fifa subsequently introduced an interim framework based on the calculation of compensation payable and burden of proof if there is a breach of contract.

From BBC • Feb. 1, 2026

Hence, it is the presumption of common sense and science that these ESP phenomena don’t exist, and the burden of proof is on those who maintain that there are such phenomena.

From "Innumeracy: Mathematical Illiteracy and Its Consequences" by John Allen Paulos

Related Words

• onus