Legal Definitions - Probative

In legal terms, probative describes evidence or information that has the power to prove or disprove a fact that is important to a legal case. It means the evidence is relevant and helps establish the truth or falsehood of a particular claim or argument, making a fact more or less likely to be true.

Here are some examples to illustrate this concept:

• Example 1: Criminal Theft Case

  Imagine a store theft case where the prosecution claims a specific individual stole an item. A security camera video showing that individual taking the item from the shelf and leaving without paying would be considered probative evidence. This is because the video directly supports the prosecution's claim, making the fact of the theft by that individual significantly more likely to be true for the court.

• Example 2: Contract Dispute

  Consider a dispute between a client and a contractor over whether certain services were included in their agreement. An email exchange where both parties explicitly discussed and agreed upon the scope of those services and the associated cost would be highly probative. This evidence directly helps to establish the actual terms of the contract, which is the central issue in the dispute.

• Example 3: Personal Injury Claim

  In a personal injury lawsuit following a car accident, the plaintiff claims to have suffered a specific back injury due to the collision. A detailed medical report from an orthopedic specialist, based on examinations and diagnostic tests, confirming the injury and linking it directly to the accident, would be probative. This report helps to prove the existence and cause of the injury, which are crucial facts for determining liability and damages in the case.