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 Unlike a criminal trial, the board makes its judgments based on a preponderance of evidence — a lower burden of proof than required to convict a defendant. Emilie Eaton, ExpressNews.com, "‘I don’t want to die in here:’ San Antonio inmates urge local, state officials to rethink parole guidelines as coronavirus spreads," 2 May 2020 Whereas Hogsett's proposal placed the burden of proof on landlords, the Senate bill would place that burden on a tenant. Amelia Pak-harvey, Indianapolis Star, "Indiana lawmakers put Hogsett's tenant protection proposals in jeopardy," 24 Feb. 2020 America and many European countries, notes Mr Collins, put the burden of proof on plaintiffs, who must prove that allegations made about them are false. The Economist, "Australia’s government plans to water down ferocious libel laws," 12 Dec. 2019 In a courtroom, there are rules of evidence, a high burden of proof and presumptions of innocence that favor the accused. Washington Post, "The challenges in the highly anticipated Harvey Weinstein trial, which starts today," 6 Jan. 2020 Given Nwora’s statistical history, the burden of proof is that much bigger. Tim Sullivan, The Courier-Journal, "Jordan Nwora nears his Louisville basketball exit as a star, and a scapegoat," 28 Feb. 2020 The music industry has seen a number of copyright infringement cases over the years, and the controversial inverse ratio rule has established a lower burden of proof for copyright infringement. Allen Kim, CNN, "Led Zeppelin wins major copyright battle for 'Stairway to Heaven'," 10 Mar. 2020 That message effectively shifts to the defendant employers the burden of proof … and impermissibly requires [the ATF] to prove that its decision makers were not motivated by discriminatory animus. Mike Carter, The Seattle Times, "Federal lawyers seek to exclude ‘implicit bias’ video in defending agent with Nazi tattoo," 28 Sep. 2019 Each legal forum involved very different burdens of proof (i.e., more likely than not versus beyond a reasonable doubt), occurred at different points in time and relied on different evidence, testimony, procedural rules and adjudicators. Michael Mccann, SI.com, "After Re-Admitting Quintez Cephus, Wisconsin Could Face a Tough Legal Battle," 7 Sep. 2019

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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Cite this Entry

“Burden of proof.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/burden%20of%20proof. Accessed 24 Oct. 2020.

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More Definitions for burden of proof

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.

More from Merriam-Webster on burden of proof

Britannica.com: Encyclopedia article about burden of proof

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