Probative Value Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Probative Value, written in plain English, along with examples of how it is used.
What is Probative Value?
evidences or facts which tends to prove the existence of other facts or issues in the trials. These evidences are first judged or assessed to make sure that they are not causing a hindrance in form of misleading the trial or leadng to unfair trial.
History and Meaning of Probative Value
Probative value is a legal term used to describe the value or weight of evidence that is presented in a trial or legal proceedings. Evidence that has probative value is considered relevant and trustworthy in proving or disproving a disputed fact or issue. The term comes from the word "probe," which means to explore, investigate or search deeply for the truth.
The probative value of evidence is assessed by the judge, who determines whether the evidence is relevant to the case, whether it is admissible or inadmissible, and whether it has any prejudicial effect that outweighs its probative value. The judge may consider factors such as the source, reliability, and credibility of the evidence in making this determination.
Examples of Probative Value
In a murder trial, eyewitness testimony about the defendant's whereabouts at the time of the crime has probative value in determining whether the defendant could have committed the murder.
In a product liability case, expert testimony about the safety of the product has probative value in determining whether the manufacturer was negligent in designing or producing the product.
In a contract dispute, documentary evidence such as emails, receipts, or contracts may have probative value in proving the existence or breach of the contract.
In a divorce proceeding, financial records or bank statements may have probative value in determining the value of assets or income of the parties under scrutiny.
Legal Terms Similar to Probative Value
- Admissibility - refers to the quality or state of being allowed or accepted in court as evidence.
- Relevant evidence - evidence that has a tendency to prove or disprove a fact in dispute.
- Hearsay - an out of court statement made by someone other than the witness who is testifying, offered to prove the truth of the matter asserted.
- Prejudicial evidence - evidence that is likely to unfairly influence the judgment of a jury or judge.
- Circumstantial evidence - evidence that is not based on direct observation of the fact in dispute, but from which the fact may be inferred.