burden of proof
the obligation to prove one's claim in court
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
- In a criminal trial, the burden of proof lies with the prosecution to demonstrate guilt beyond a reasonable doubt.
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.
Common phrases
- burden of proof rests on
- burden of proof lies with
- shift the burden of proof
- meet the burden of proof
- discharge the burden of proof
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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