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Onus of Proof / Burden of Proof

English translation: burden of proof

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00:43 Aug 12, 2004
English to English translations [PRO]
Art/Literary - Linguistics
English term or phrase: Onus of Proof / Burden of Proof
Can anybody explain to me if there is any difference between this two terms, and in what cases are they used.
Thank you so much in advance.

Pamela
Pamela Peralta
Peru
Local time: 21:23
English translation:burden of proof
Explanation:
Onus means the same thing as burden. Both are obligations. In legal English, the phrase "burden of proof" is used more often than "onus of proof." A more typical collocation with "onus" would be "the onus is on you to prove your point."
Selected response from:

Kim Metzger
Mexico
Local time: 21:23
Grading comment
Thank you all.
Pamela
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +10burden of proof
Kim Metzger
4 +1synonimsAlexander Demyanov
4synonymous, however "onus" includes a slightly more negative connotation
Michael Powers (PhD)


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +10
onus of proof / burden of proof
burden of proof


Explanation:
Onus means the same thing as burden. Both are obligations. In legal English, the phrase "burden of proof" is used more often than "onus of proof." A more typical collocation with "onus" would be "the onus is on you to prove your point."


Kim Metzger
Mexico
Local time: 21:23
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 187
Grading comment
Thank you all.
Pamela

Peer comments on this answer (and responses from the answerer)
agree  R Farhat: burden of proof = onus probandi (Latin) [http://www.clickdocs.co.uk/glossary/onus-probandi.htm] and [http://www.lectlaw.com/def2/o038.htm]
6 mins

agree  conejo
20 mins

agree  Refugio: Less is more.
4 hrs

agree  Kristina Thorne
5 hrs

agree  Aisha Maniar
6 hrs

agree  Martin Perazzo
8 hrs

agree  chopra_2002
10 hrs

agree  humbird: "Onus" is a bit archaic usage.
13 hrs

agree  Tahir: In civil matters it is for the plaintiff to prove his case and burden shifts on prosecution in criminal cases
13 hrs

agree  Nizamettin Yigit
14 hrs
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4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
onus of proof / burden of proof
synonims


Explanation:
-

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Note added at 4 mins (2004-08-12 00:47:49 GMT)
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synonyms

Alexander Demyanov
Local time: 22:23
Native speaker of: Native in RussianRussian
PRO pts in category: 30

Peer comments on this answer (and responses from the answerer)
agree  swisstell
6 mins
  -> Thank you.
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35 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
onus of proof / burden of proof
synonymous, however "onus" includes a slightly more negative connotation


Explanation:
I agree with the other answers that they are basically synonymous; however, "onus" includes a slightly more negative connotation of doing something that is disagreeable. Please note the following descriptions.

"Burden of proof" can, indeed, be described as "onus probandi" from Latin, meaning precisely "burden or proof." However,note the following definitions from Black's Law Dictionary:

"onus: 1. A burden; a load. 2. A disagreeable responsibility; an obligation. 3. ONUS PROBANDI"

"burden of proof. 1. A party's duty to prove a disputed assertion or charge; the burden of proof includes bot the burden of persuasion and the burden of production. Also termed onus probandi. 2. Loosely, burden of persuasin."

Now note the synonyms for both "burden" and "onus" in the Merriam Webster 11th edition:

"onus"

Main Entry:onus
Function:noun

1
Synonyms LOAD 3, burden, charge, deadweight, duty, millstone, task, tax, weight
2
Synonyms BLAME, culpability, fault, guilt
3
Synonyms STIGMA, bar sinister, black eye, blot, blur, brand, odium, slur, spot, stain


"burden"

Main Entry:burden
Function:noun

1
Synonyms LOAD 1, cargo, freight, haul, lading, payload
2
Synonyms LOAD 3, charge, deadweight, duty, millstone, onus, task, tax, weight

Hence, when stressing the obligatory nature, and highlighting the disagreeable task ahead, it might be more appropriate to use "onus of proof" rather than "burden of proof" although, other than a slighly more negative connotation with "onus" versus "burden", I believe they are synonyms.

Mike :)

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Note added at 42 mins (2004-08-12 01:26:01 GMT)
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American Heritage Dictionary

o·nus Listen: [ ns ]
n.


A difficult or disagreeable responsibility or necessity; a burden or obligation.

a. A stigma. b. Blame.

The burden of proof: The onus was on the defense attorney.

burden of proof
n. Law

The responsibility of proving a disputed charge or allegation.

Michael Powers (PhD)
United States
Local time: 22:23
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 136
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