Legal Definitions - predicate fact

A predicate fact is a foundational piece of information that must be established or proven true before a subsequent legal argument, claim, or conclusion can be considered valid or proceed. It acts as a prerequisite, meaning that the existence of the predicate fact is essential for the next step in a legal process or for a particular legal consequence to follow. Without proving the predicate fact, the subsequent legal action or assertion cannot stand.

• Example 1: Criminal Law – Felony Murder

  Imagine a situation where a person is charged with felony murder. In many jurisdictions, felony murder occurs when a death results during the commission of a serious underlying felony, such as robbery or arson, even if the person did not intend to kill. For the prosecution to successfully pursue a felony murder charge, they must first prove that the defendant committed the specific underlying felony (e.g., the robbery or arson). The commission of that underlying felony is the predicate fact. If the prosecution cannot prove the defendant committed the robbery, then the charge of felony murder cannot be sustained, regardless of whether a death occurred.

• Example 2: Contract Law – Breach of Contract

  Consider a scenario where a small business sues a supplier, claiming the supplier failed to deliver goods as promised, which constitutes a breach of contract. Before the court can even evaluate whether the supplier failed to meet their obligations or what damages might be owed, the business must first prove that a legally valid and enforceable contract actually existed between them and the supplier. The existence of that valid contract is the predicate fact. If the business cannot prove that a binding contract was formed in the first place, then there can be no claim for breach of contract.

• Example 3: Evidence Law – Admissibility of a Document

  Suppose an attorney wants to introduce a crucial text message conversation as evidence in a civil lawsuit to prove a key point. Before the judge will allow the jury to see or consider the text messages, the attorney must first authenticate them. This means proving to the court that the text messages are genuinely from the person they purport to be from and were sent and received as claimed. This authentication is the predicate fact for the text messages' admissibility. If the attorney cannot establish the authenticity of the text messages, they cannot be admitted into evidence, regardless of how relevant their content might seem.