burden of proof

noun phrase

Definition of burden of proof

: the duty of proving a disputed assertion or charge

Examples of burden of proof in a Sentence

Recent Examples on the Web

The core tenet of Anglo-American law is that the burden of proof always rests with the person making the accusation. The Editorial Board, WSJ, "The Presumption of Guilt," 21 Sep. 2018 The alternative to asylum: a process with fewer options and a higher burden of proofRight now, being barred from asylum doesn’t actually stop you from applying. Dara Lind, Vox, "Exclusive: even before the caravan, Trump took steps to use travel bans to limit asylum," 6 Nov. 2018 There is no due process, no presumption of innocence, no burden of proof. Fox News, "Sen. Graham: Allegations against Kavanaugh are collapsing," 24 Sep. 2018 Lawmakers haven't mocked the idea of due process or called for the collective punishment of American citizens or declared that the burden of proof is on the accused rather than the accuser. Fox News, "Tucker takes on Kavanaugh opponent; Martha MacCallum's takeaways from interview with Kavanaugh," 25 Sep. 2018 The burden of proof has shifted to believing the aggrieved as opposed to defending the oppressor. Eric Johnson, Recode, "John Skipper, ESPN’s former president, is back ... at a rival sports media company.," 8 Nov. 2018 That lowers the burden of proof for prosecutors, which critics say can lead to unjust convictions. Cameron Mcwhirter, WSJ, "Louisiana Ballot Measure Would Overturn Segregation-Era Law," 22 Oct. 2018 The meeting at the Fed revolved around a single provision in the nearly 400-page plan: a new measure to determine which types of assets held on banks’ balance sheets should be held to that burden of proof. WSJ, "Banks Say No Thanks to Volcker Rule Changes," 15 Aug. 2018 As always, the burden of proof rests with the speaker, so the president once again earns Four Pinocchios. Salvador Rizzo, Washington Post, "Trump’s claim that immigrants bring ‘tremendous crime’ is still wrong," 18 Jan. 2018

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'burden of proof.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

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First Known Use of burden of proof

1705, in the meaning defined above

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The first known use of burden of proof was in 1705

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burden of proof

Legal Definition of 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.

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Britannica.com: Encyclopedia article about burden of proof

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a sum of money that is sent as a payment

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