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expression

burden of proof

the obligation to prove one's claim in court

In Law & Justice

In more detail

(noun) the responsibility to prove that something is true, typically in a legal case; the obligation on one side to present evidence to support their claim

Examples

How to use burden of proof

Burden of proof is a legal and formal term indicating which party in a legal proceeding must provide evidence to support their claim. It is commonly used in both legal contexts and general argumentation to describe the obligation to substantiate a claim. The phrase often appears in passive constructions (the burden rests on X) and is sometimes used metaphorically outside law to discuss who must justify their position in any dispute.

Register: formal

Common phrases

Synonyms

onus of proof · duty to prove · obligation to demonstrate · evidential responsibility

A common mistake

Learners sometimes use 'burden of the proof' with the definite article before 'proof', but the standard form is 'burden of proof' without the article.

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