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
Examples are automatically compiled from online sources to show current usage. Read More Opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback.
Habeas petitions have a high burden of proof and often come once other appeals have failed, experts tell Fox News Digital. Michael Ruiz, FOXNews.com, 4 Dec. 2025 No matter what, the burden of proof is no longer on the critics. Dieter Kurtenbach, Mercury News, 4 Dec. 2025 Reverse the burden of proof and then codify it. Robin Reichhardt, Denver Post, 25 Nov. 2025 Tsigler notes that under US law, the burden of proof lies with the government, not only to demonstrate guilt but also to prove that the evidence and the science behind it are reliable. Christopher McFadden, Interesting Engineering, 23 Nov. 2025 See All Example Sentences for burden of proof

Word History

First Known Use

1705, in the meaning defined above

Time Traveler
The first known use of burden of proof was in 1705

Browse Nearby Words

Cite this Entry

“Burden of proof.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/burden%20of%20proof. Accessed 12 Dec. 2025.

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 incompetencyW. 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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