burden of proof

Syllable breakdown

Dictionary meaning

the obligation placed on a party in a legal proceeding to prove disputed facts to the satisfaction of the court or tribunal; the allocation of the burden of proof between parties reflects fundamental values about risk, fairness, and the role of the state in the legal system; in criminal law the prosecution bears the burden of proving every element of the offence beyond reasonable doubt — the highest standard in law — reflecting the gravity of criminal conviction and the state's superior investigative resources; in civil litigation the claimant typically bears the burden of proving their case on the balance of probabilities — the standard that their version of events is more likely true than not; the burden of proof can shift between parties on specific issues during the course of proceedings; in general use burden of proof describes the obligation to provide convincing evidence for any contested claim