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burden of proof

burden of proof

39 5.4
The duty to show evidence that a claim is true
  • noun
  • /ˈbɜrdən əv pruːf/
  • Formal
translation icon : carga de la prueba
  • The burden of proof is on you.
  • shift the burden of proof
  • place the burden of proof
  • burden of proof lies with

And don't you think the burden of proof is on you?

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Examples

  • JUDGE: It is the opinion of this court that in this preliminary hearing, the evidence is insufficient for a juror to reasonably conclude that the State has met its burden of proof.

  • The burden of proof's on the prosecution.

  • Do the People have any additional evidence they can present to meet their burden of proof?

  • Having to show my hand when I have such a high burden of proof is not a level playing field.

    Academic text (1995)
  • But once again, the burden of proof is on the FDA to prove that they did.

  • We are still left with the special problem that we have in the UK that the burden of proof lies with the accused.

  • Again, the government has the burden of proof under intermediate scrutiny.

    Academic text (2004)
  • It's a setback, but they still have a high burden of proof to establish.

  • The burden of proof rests with the prosecution.

  • In a legal case, the burden of proof is on the defendant to show their innocence.

Surface Forms

Morphology

burthen + of + proof

The meaning 'the obligation to present evidence' is directly derivable from combining 'burden' (a responsibility or load) with 'proof' (evidence) linked by the preposition 'of'. This noun + of + noun composition is semantically compositional and has clear cross-linguistic equivalents (e.g., Spanish 'carga de la prueba'), so a B1 learner who knows the constituents should infer the meaning.

Etymology

The phrase burden of proof comes from the image of a person carrying a heavy burden of proof, like a pile of evidence they must bring to court. So, it means 'the responsibility to show evidence' in a legal case.