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burden of proof

noun

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.
the obligation to establish a contention as fact by evoking evidence of its probable truth.

burden of proof

noun

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

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Word History and Origins

Origin of burden of proof¹

First recorded in 1585–95

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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.

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Example Sentences

Examples have not been reviewed.

“It’s not just about arresting illegal aliens, it’s about holding employers responsible too — but there’s a burden of proof,” Homan said.

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Mr Roberts-Smith, who left the defence force in 2013, maintains his innocence and has not been charged over any of the claims in a criminal court, where there is a higher burden of proof.

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A higher legal threshold applies to a criminal case than a civil case as in a criminal case the burden of proof is beyond reasonable doubt.

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In a criminal case, the burden of proof is beyond reasonable doubt, while in a civil case, it is on the balance of probabilities.

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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.”

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Related Words

onus��

burdened burdensome

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