Legal Definitions - probative facts

Probative facts

Probative facts are pieces of evidence that can help prove or disprove something. For example, if someone is accused of a crime, their cellphone GPS location could be a probative fact in proving whether or not they were at the scene of the crime. However, a court may choose to exclude evidence if its probative value is outweighed by the risk of unfair prejudice.

• A witness's testimony about what they saw or heard
• A DNA sample that links a suspect to a crime scene
• A video recording of an incident

These examples illustrate how probative facts can be used to support or refute a claim. In a court case, probative facts are presented to help the judge or jury make a decision based on the evidence presented.