Legal Definitions - mediate datum

A mediate datum refers to an intermediate fact or piece of evidence that, while not directly proving the main point (the ultimate fact), strongly suggests or implies its existence. It acts as a logical stepping stone, allowing an inference to be made about a more crucial fact in a legal case.

• Example 1: Criminal Theft Case

  Imagine a situation where a valuable antique vase is stolen from a private collection. The ultimate fact to be proven is that a specific suspect, Mr. Smith, stole the vase. A mediate datum could be security camera footage showing Mr. Smith entering the building empty-handed and leaving a short time later carrying a large, carefully wrapped package that is consistent in size and shape with the stolen vase. While the footage doesn't directly show him taking the vase off its pedestal, his actions of entering empty-handed and leaving with a concealed object of the correct dimensions strongly imply he committed the theft.

• Example 2: Civil Negligence Claim

  Consider a lawsuit where a pedestrian is suing a driver for injuries sustained in a car accident, claiming the driver was negligent by speeding. The ultimate fact to prove is that the driver was exceeding the speed limit. A mediate datum could be the presence of extensive skid marks on the road, measuring 75 feet long, combined with witness testimony reporting the sound of tires screeching loudly just before impact. These pieces of evidence (the long skid marks and the loud screeching) do not directly show the speedometer reading, but they strongly imply that the driver was traveling at an excessive speed, which is a key element of negligence.

• Example 3: Contract Dispute

  Suppose two businesses are in a dispute over whether a binding contract for services was formed, even though no formal written agreement was ever signed. The ultimate fact to establish is the existence of a valid contract. A mediate datum could be a series of emails where one business sent a detailed proposal outlining the scope of work and pricing, and the other business replied with "We accept your terms, please begin work next week," followed by an initial payment for the services. These communications and the payment, while not a formal contract document, collectively serve as mediate data that strongly imply a mutual agreement and intent to form a binding contract.