Legal Definitions - probatio viva

Probatio viva is a Latin term that translates to "living proof." In a legal context, it refers to evidence presented in court through the direct, oral testimony of witnesses. This means that individuals appear in person to recount facts, answer questions, and be cross-examined, providing their account directly to the judge or jury, rather than submitting written documents or other forms of evidence.

• Example 1: Criminal Trial Eyewitness Account

  Imagine a criminal trial where a witness testifies that they saw the defendant commit a theft. The witness takes the stand, swears an oath, and verbally describes what they observed – the defendant's actions, the items taken, and the time of the incident. This direct, spoken account from the witness, subject to questioning by both sides, is a prime example of probatio viva. It is "living proof" because it comes directly from a person recounting their experience.

• Example 2: Contract Dispute Over Verbal Agreement

  Consider a civil lawsuit between two business partners who had a verbal agreement about profit sharing, but no written contract. When their partnership dissolves, they disagree on the terms. Each partner testifies in court, explaining their understanding of the verbal agreement, what was said, and what was agreed upon. The judge listens to their respective testimonies, observing their demeanor and assessing their credibility. These oral statements from the partners, detailing the unwritten agreement, represent probatio viva, as the court relies on their spoken words to ascertain the facts.

• Example 3: Child Custody Hearing

  In a child custody hearing, both parents might testify about their parenting styles, their relationship with the child, and their proposed living arrangements. A child psychologist might also testify about their assessment of the child's best interests, explaining their findings and recommendations verbally to the court. All these spoken statements, given under oath by the parents and the expert, are forms of probatio viva. The court uses this direct, oral evidence to make a decision regarding the child's welfare.