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Law vocabulary · Evidence & Proof

Burden of proof

Meaning in law, with examples

phraseCore term

In law, burden of proof means: The duty of one side in a case to prove that the facts it relies on are true; if it cannot do so, it loses on that point.

In Turkish: ispat yükü

How it is used

Usually 'the burden of proof is on' or 'lies with' a party, and it can 'shift' in some situations. Do not confuse it with the standard of proof, which is how convincing the evidence must be: 'beyond reasonable doubt' in criminal cases, 'on the balance of probabilities' in English civil cases.

Example sentences

  1. Remember that the burden of proof lies with us, not with the defendant.

  2. The judge found that the claimant had not discharged the burden of proof.

Common collocations

  • the burden of proof lies with
  • discharge the burden of proof
  • shift the burden of proof
  • reverse the burden of proof
  • evidenceDocuments, objects, statements and other information that a court uses to decide which facts are true.
  • allegeTo say that someone has done something wrong or illegal, or that a fact is true, without having proved it yet.
  • prima facieBased on what is first seen or known, before closer examination; in law, enough to support a claim unless the other side proves otherwise.
  • testimonyA formal statement that a witness makes in court or in writing, usually under oath, about facts they know.

This word in other fields

The same English word can have a different meaning in another field:

More terms: Evidence & Proof

Practise with graded reading

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This page explains English vocabulary for learners. It is not legal advice.