Probative Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Probative, written in plain English, along with examples of how it is used.

What is Probative?

It means the tending to prove or actually proving something. In the court of law, evidence is a must, without which, the defence have right to request for the dismissal of case and the court would do so. So any evidence brought in has to be probative otherwise it would not hold any value in court of law.

History and Meaning of Probative

Probative is a legal term that refers to evidence that is relevant and has the ability to prove a point. This evidence is used to convince a judge or jury to accept or reject a certain claim made in court. The word probative comes from the Latin word "probare" meaning "to prove." The concept of probative evidence has been used in the legal world for centuries and has evolved with the times to include digital evidence such as emails or social media posts.

Examples of Probative

  1. In a criminal trial, the prosecution presents DNA evidence that is probative of the defendant's guilt.
  2. In a civil trial, a witness's testimony may be considered probative if it is relevant to the case and supports one party's argument.
  3. In an arbitration hearing, a document presented as evidence must be probative in order for it to be considered by the arbitrator.

Legal Terms Similar to Probative

  1. Admissible: Evidence that is probative and meets legal requirements for being presented in court.
  2. Material: Evidence that is relevant to a particular issue in a case.
  3. Hearsay: Secondhand information that is offered as evidence in court and lacks the probative value of firsthand testimony.