burden of proof

noun

1. Chiefly Law. the obligation to offer evidence that the court or jury could reasonably believe, in support of a contention, failing which the case will be lost.
2. the obligation to establish a contention as fact by evoking evidence of its probable truth.

burden of proof

noun

1. law the obligation, in criminal cases resting initially on the prosecution, to provide evidence that will convince the court or jury of the truth of one's contention

Word History and Origins

Origin of burden of proof¹

First recorded in 1585–95

Idioms and Phrases

Obligation of proving a disputed charge or allegation. For example, Are you sure you mailed the tax return on time? The burden of proof's on you . A legal term dating from the late 1500s, it has also been used more loosely in recent times.

Example Sentences

But because the delays and discharges occurred in an area of the hospital classified as an emergency room, lawyers said that Texas law set a much higher burden of proof: “willful and wanton negligence.”

From Salon

Those rule changes involved amendments to the definition FMV, and shifting the burden of proof to a club to show a transaction is at fair market value.

From BBC

SB 1299 would change the burden of proof in workers’ compensation claims when a farmworker develops a heat-related injury after laboring outdoors for an employer who fails to comply with the heat standards.

From Los Angeles Times

Everyone knows that was just fun, but to convince people that Lincoln loved other men was going to take a burden of proof.

From Salon

So is the critical question of burden of proof — whether Smith must show the case won’t intrude on executive authority by a preponderance of the evidence, for example, or beyond a reasonable doubt.

From Los Angeles Times

Related Words

• onus