Legal Definitions - probatum

Probatum refers to a fact or piece of information that has been definitively and conclusively proven or established within a legal context. It signifies something that is no longer subject to reasonable doubt or dispute because sufficient evidence has been presented to confirm its truth.

Here are some examples illustrating the concept of probatum:

• Criminal Case Evidence: In a criminal trial for theft, prosecutors present security camera footage showing the defendant taking an item from a store, along with a signed confession from the defendant admitting to the act. The defense offers no contradictory evidence.

  Explanation: The combination of the clear video evidence and the defendant's confession serves as the probatum, conclusively establishing that the defendant committed the theft. These facts are now considered proven beyond a reasonable doubt.

• Contractual Obligation: A small business owner sues a client for unpaid services. The owner presents a signed service agreement detailing the work performed and the agreed-upon price, along with bank statements showing no payment was ever received. The client does not dispute signing the agreement or the lack of payment.

  Explanation: The signed service agreement and the bank records demonstrating non-payment constitute the probatum, conclusively proving that a contractual obligation existed and that the client failed to fulfill their financial duty.

• Medical Malpractice Claim: During a medical malpractice lawsuit, an independent medical expert testifies that a specific surgical error, clearly documented in the patient's medical records, directly led to the patient's permanent injury. This expert testimony is supported by peer-reviewed medical literature and is not effectively challenged by the defense.

  Explanation: The expert's testimony, corroborated by medical records and scientific literature, becomes the probatum, conclusively establishing the link between the surgical error and the patient's injury, a critical element in proving malpractice.