Legal Definitions - probative fact

A probative fact is a piece of information or evidence that has the power to prove or disprove a particular point or issue in a legal case. It is a fact that is relevant and helps to establish the truth of a claim or defense by making a disputed fact more or less probable.

Here are some examples:

• Example 1: Criminal Case - Burglary

  Imagine a homeowner reports a burglary, stating that a unique, antique watch was stolen. Later, police find the accused person attempting to sell that exact watch at a pawn shop. The fact that the accused was in possession of the stolen, unique watch is a probative fact. It directly helps to prove that the accused was involved in the burglary, making it more probable that they committed the crime or were involved in handling stolen goods.

• Example 2: Civil Case - Breach of Contract

  Consider a situation where a software development company sues a client for non-payment, claiming they delivered the software as per their contract. The client argues the software was never delivered. An email exchange showing the client acknowledging receipt of the final software build and expressing satisfaction with it, sent before the payment dispute arose, would be a probative fact. This email helps to prove that the software was indeed delivered and accepted, supporting the development company's claim for payment.

• Example 3: Personal Injury Case - Car Accident

  Suppose a driver is suing another driver for injuries sustained in a car accident, claiming the other driver ran a red light. A witness statement from an independent bystander who clearly saw the defendant's car enter the intersection after the light had turned red is a probative fact. This testimony directly supports the plaintiff's claim that the defendant was at fault by violating traffic laws, making it more likely that the defendant caused the accident.