Legal Definitions - probandum

Probandum refers to a specific fact or set of facts that must be established or proven true in a legal proceeding. It is the central point or issue that evidence is presented to support or refute. The plural form is probanda.

• Example 1: Criminal Theft Case

  Imagine a scenario where a person is accused of shoplifting. For the prosecution to secure a conviction, a key probandum is to prove that the defendant unlawfully took merchandise from the store with the intention of permanently depriving the store of that property.

  Explanation: Every piece of evidence, such as security camera footage showing the defendant concealing an item, witness testimony, or finding the item on the defendant, is presented to establish these specific facts, which collectively form the probandum of "theft."

• Example 2: Civil Breach of Contract

  Consider a small construction company suing a client for non-payment after completing a renovation project. The company's probanda would include proving that a valid contract for the renovation existed, that the company fulfilled its obligations under that contract, and that the client failed to make the agreed-upon payments.

  Explanation: The court's decision will hinge on whether the construction company can successfully prove these specific facts – the existence of the contract, its performance, and the client's failure to pay – using evidence like signed agreements, invoices, and completion certificates.

• Example 3: Personal Injury Claim

  Suppose an individual files a lawsuit against a property owner after slipping and falling on a wet floor in a store, claiming negligence. The injured individual's probanda would be to prove that the property owner had a duty of care, that they breached that duty (e.g., by failing to clean up a spill or put up a warning sign), that this breach directly caused the fall, and that the fall resulted in specific injuries and damages.

  Explanation: To win the case, the injured person must present evidence (like witness statements, medical records, or photos of the scene) that clearly establishes each of these facts, demonstrating how the owner's actions (or inactions) led to their injury and subsequent losses.