probative


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Related to probative: Probative value

Probative

Having the effect of proof, tending to prove, or actually proving.

When a legal controversy goes to trial, the parties seek to prove their cases by the introduction of evidence. All courts are governed by rules of evidence that describe what types of evidence are admissible. One key element for the admission of evidence is whether it proves or helps prove a fact or issue. If so, the evidence is deemed probative. Probative evidence establishes or contributes to proof.

Probative facts are data that have the effect of proving an issue or other information. Probative facts establish the existence of other facts. They are matters of evidence that make the existence of something more probable or less probable than it would be without them. They are admissible as evidence and aid the court in the final resolution of a disputed issue. For example, in the case of a motor vehicle accident, a witness's testimony that she saw one automobile enter the intersection on a red light is a probative fact about whether the driver was at fault.

Evidence has probative value if it tends to prove an issue. However, probative value may refer to whether the evidence is admissible. Rules of evidence generally state that relevant evidence, which tends to prove or disprove an alleged fact, may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. A trial court must use a Balancing test to make this determination, but rules of evidence generally require that relevant evidence with probative value be excluded only if it is substantially outweighed by one of the dangers described in the rule.

probative

adj. in evidence law, tending to prove something. Thus, testimony which is not probative (does not prove anything) is immaterial and not admissible or will be stricken from the record if objected to by opposing counsel. (See: probative facts, probative value)

probative

adjective demonstrative, empiric, evidential, evidentiary, experimental, exploratory, offering evidence, probatory, providing evidence, providing proof, verificative
Associated concepts: probative evidence, probative facts, probative value, probative weight
See also: tentative
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Timothy Roberts QC, for Dobson, had argued that the evidence was "unreliable and of no sufficient probative value".
This calculation can be used as a measure of the probative value of a suspect identification, (14) and speaks directly to the question: given that the suspect was identified, what is the likelihood that he is guilty, or conversely, what is the likelihood that he is innocent?
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This rule allows judges to exclude evidence whose probative value is substantially outweighed by the risk of unfair prejudice to an opposing party.