When lawyers talk about probative facts, they are referring to pieces of information that are used to prove or disprove an issue in court. Probative facts provide evidence of issues or facts in dispute and include either direct or circumstantial evidence. Probative facts can be a result of information gathered from witnesses, documents, or physical evidence.
Examples of Direct Evidence and Circumstantial Evidence
Direct evidence is information that directly supports a claim and is firsthand information. It can include a witness’s testimony or the physical evidence such as fingerprints. Circumstantial evidence is information that indirectly supports a claim and is derived from indirect observations. For example, a bloodstain at the scene of a crime that matches the suspect’s blood type is circumstantial evidence that the suspect was at the scene of the crime.
Importance of Probative Facts in Legal Cases
The use of probative facts is crucial in any legal case. This is because they are the evidence that is presented to the court for consideration in determining the facts of the case. Without probative facts, a court would be unable to reach a conclusion about the issues in dispute. Therefore, it is important for attorneys to understand the importance of probative facts when crafting an argument.
Using Probative Facts for Effective Legal Arguments
The effectiveness of a legal argument rests on the probative facts that are presented. Because of this, attorneys must select the most compelling evidence available when presenting an argument in court. When selecting evidence, attorneys should evaluate its credibility and provide explanations of how it proves the facts of the case. By doing so, attorneys are better able to persuade the court of their client’s side of the argument.