BURDEN OF PROOF • FREE-TRANSLATOR.COM • Definition of Burden of proof

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/bˈərdən əv pruf/ Listen

noun

Burden n. (Written also burthen)

1.

That which is borne or carried; a load. "Plants with goodly burden bowing."

2.

That which is borne with labor or difficulty; that which is grievous, wearisome, or oppressive. "Deaf, giddy, helpless, left alone, To all my friends a burden grown."

3.

The capacity of a vessel, or the weight of cargo that she will carry; as, a ship of a hundred tons burden.

4.

(Mining) The tops or heads of stream-work which lie over the stream of tin.

5.

(Metal.) The proportion of ore and flux to fuel, in the charge of a blast furnace.

6.

A fixed quantity of certain commodities; as, a burden of gad steel, 120 pounds.

7.

A birth. (Obs. & R.)

Beast of burden, an animal employed in carrying burdens.

Burden of proof (Law), the duty of proving a particular position in a court of law, a failure in the performance of which duty calls for judgment against the party on whom the duty is imposed.

Synonyms: Burden, Load. A burden is, in the literal sense, a weight to be borne; a load is something laid upon us to be carried. Hence, when used figuratively, there is usually a difference between the two words. Our burdens may be of such a nature that we feel bound to bear them cheerfully or without complaint. They may arise from the nature of our situation; they may be allotments of Providence; they may be the consequences of our errors. What is upon us, as a load, we commonly carry with greater reluctance or sense of oppression. Men often find the charge of their own families to be a burden; but if to this be added a load of care for others, the pressure is usually serve and irksome.

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Etymology of 'Burden of proof'

Collaborative International Dictionary of English 0.48

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"Burden of proof" Quotes from Famous Books

... opposite side. If there is a God, and our souls are in communication (of some kind) with Him, surely, prior to experience, we should have expected to be habitually conscious of this communion. And now that we see that we are not at any rate habitually so, still the burden of proof rests with those who allege that such conscious intercourse never takes place. Apart from all proof of the reality of any one professed miracle, the infidel is bound to show why all miracles are improbable or impossible; in ...

— The Life of St. Frances of Rome, and Others • Georgiana Fullerton

... U.S. at 126 ("The Government may . . . regulate the content of constitutionally protected speech in order to promote a compelling interest if it chooses the least restrictive means to further the articulated interest."). As is the case with the narrow tailoring requirement, the government bears the burden of proof in showing the ineffectiveness of less restrictive alternatives. "When a plausible, less restrictive alternative is offered to a content- based speech restriction, it is the Government's obligation to prove that the alternative will be ineffective to achieve ...

— Children's Internet Protection Act (CIPA) Ruling • United States District Court for the Eastern District of Pennsylvania

... Nevertheless, in many anxious cabinet discussions, the President and the Secretary of State established the policy of reserve and caution. Rebels against an established government are like plaintiffs in litigation; the burden of proof is upon them, and the neutral nations who are a sort of quasi-jurors must not commit themselves to a decision prematurely. The grave and inevitable difficulties besetting the administration in this matter were seriously enhanced by the conduct of ...

— John Quincy Adams - American Statesmen Series • John. T. Morse

... per se, but because an English municipal regulation was alleged to have been violated by English subjects in that they had traded with the enemy. But the fact was incontrovertible that the port of destination as well as that of departure was neutral. The burden of proof under the circumstances rested upon the captor to show that goods innocent in themselves were really intended for the enemy. Consequently the line of justification which was set up involved not merely an extension of the doctrine of continuous voyages, but an application ...

— Neutral Rights and Obligations in the Anglo-Boer War • Robert Granville Campbell

... the moon is made of green cheese. The other way is to assume that the moon is made of green cheese and to answer sixteen objections brought forward against the theory. I have always preferred the second method, because it throws the burden of proof on your opponent. There is no argument under the sun that cannot be refuted. Obviously, then, it is an advantage to let your opponents supply the argument while you supply ...

— The Patient Observer - And His Friends • Simeon Strunsky

... on the side of those who contended that our commercial fleets needed no such protection; to which it may be added that exceptions to a general rule and principle are in themselves so questionable, that the burden of proof seems to lie upon those who would establish or maintain them. But the advocates of free-trade were not content even with this triumph, though it might have been thought a crowning one, and in the course of the next year they succeeded in carrying a resolution which (though Lord Derby and ...

— The Constitutional History of England From 1760 to 1860 • Charles Duke Yonge

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