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

Part of the reasoning was that the procedures assumed the car’s owner was the one driving the vehicle, thus putting the burden of proof on the defendant, according to the National Highway Traffic Safety Administration. —Eleanor Nash, Kansas City Star, 29 May 2024

As with any criminal case, the burden of proof lies with the prosecution -- meaning prosecutors must prove Trump is guilty, and the defense does not have to prove Trump's innocence. —Julia Reinstein, ABC News, 28 May 2024

Word History

First Known Use

1705, in the meaning defined above

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 incompetency

—W. 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.