Legal Definitions - positive proof

Positive proof refers to evidence that directly and conclusively establishes a fact, leaving no reasonable doubt about its truth. It is strong, convincing evidence that directly supports a claim without requiring inferences or assumptions.

Here are some examples to illustrate this concept:

• Imagine a security camera recording showing an individual clearly and unambiguously spray-painting graffiti on a public wall. This video footage would be considered positive proof of the vandalism, as it directly captures the act being committed, leaving little room for alternative explanations or doubt about the perpetrator's actions.

• Consider a situation where two businesses enter into an agreement, and they both sign a detailed written contract outlining all the terms, conditions, and obligations. This signed contract serves as positive proof of the agreement's existence and its specific provisions, as it directly documents the mutual consent and understanding of both parties.

• In a personal injury case, if a patient undergoes an MRI scan immediately after an accident, and the scan clearly reveals a specific bone fracture, that MRI image and the accompanying radiologist's report would constitute positive proof of the injury. It directly demonstrates the physical damage sustained, rather than relying on symptoms or indirect observations.