Legal Definitions - probata

Probata refers to facts, statements, or claims that have been formally established or proven true through evidence or a legal process. It signifies matters that are no longer merely allegations but have been substantiated to a court's or legal body's satisfaction.

• Example 1: Validation of a Will

  After an individual passes away, their will typically undergoes a court process known as probate. If the probate court reviews the document and all accompanying evidence, and subsequently issues an order formally accepting the will as valid, then the authenticity of the will and its stated provisions become probata. This means the will's legitimacy and contents are legally established and can be acted upon by the executor and beneficiaries.

• Example 2: Findings in a Civil Lawsuit

  Consider a civil lawsuit where a homeowner sues a construction company for faulty workmanship. During the trial, the homeowner presents expert testimony, photographs, and repair invoices as evidence. If the court, after considering all the presented evidence, issues a judgment stating that the construction company indeed performed substandard work, then the fact of the faulty workmanship becomes probata. This established fact then serves as a basis for determining liability and awarding damages.

• Example 3: Regulatory Approval of a Product

  A technology company develops a new medical device and seeks approval from a government regulatory agency. To gain approval, the company must submit extensive documentation, including clinical study results, safety tests, and manufacturing protocols, to demonstrate the device's effectiveness and safety. Once the agency thoroughly reviews all the scientific and technical data and grants official approval, the claims regarding the device's safety and efficacy are considered probata. These are now established facts, backed by rigorous testing and regulatory scrutiny, allowing the device to be marketed and used.