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

Experts said Pye meets the criteria, but that the burden of proof in Georgia was too high to reach, his lawyers argued. —CBS News, 20 Mar. 2024

The evidence presented clearly did not meet the burden of proof to convict. —Eleanor Dearman, Fort Worth Star-Telegram, 16 Feb. 2024

The basis for the Arizona lawsuit is that the bill creates an extra burden of proof for certain prospective voters. —Kayla Dwyer, The Indianapolis Star, 28 Feb. 2024

But a civil trial does not carry the same burden of proof as a criminal case, and Peterson likely would be required to testify if the civil case does go to trial. —Rafael Olmeda, Sun Sentinel, 11 Jan. 2024

Rather than accept the weight of evidence, Forsythe attempts to raise the burden of proof, bizarrely demanding irrefutable evidence of personhood. —Christian Schneider, National Review, 21 Dec. 2023

The length of the hearings could be further complicated by which plea Franke enters and how prosecutors approach the burden of proof, which could possibly include having Franke’s own children testify in criminal court, which would be public and accessible to the media. —Ct Jones, Rolling Stone, 27 Sep. 2023

The burden of proof now falls on those companies to demonstrate that their products are not hurting kids. —TIME, 17 Jan. 2024

Unlike workers’ compensation claims, for which a worker has to prove only that an injury happened in the course of work, the burden of proof is higher in personal injury lawsuits: Workers must show that their employers were negligent. —Melissa Sanchez, ProPublica, 22 Dec. 2023

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.