Burden of proof

Origin of: Burden of proof

Burden of proof

This expression is chiefly used in law and dates from the late 1500s. It means that the task or responsibility for providing evidence or proof of something, usually lies with the prosecution in a criminal case, or with the plaintiff in a civil case, under the overriding principle that innocence prevails until evidence is brought to bear that proves otherwise. Burden of proof, however, can vary from country to country, depending on the legal system that is adopted. For example, the burden of proof is different in legal systems based on Roman Law compared to those in most English-speaking countries where the legal system is based on Common Law.