AskDefine | Define probative

Dictionary Definition

probative adj : tending to prove a particular proposition or to persuade you of the truth of an allegation

User Contributed Dictionary

English

Adjective

  1. Tending to prove a particular proposition or to persuade someone of the truth of an allegation.

Extensive Definition

Probative is a term used in law to signify "tending to prove." Probative evidence "seeks the truth". Generally in law, evidence that is not probative (prejudicial evidence), or doesn't prove anything, is inadmissible and may be stricken from the record "if objected to by opposing counsel." The term "probative", according to American Heritage Dictionary, means "serving to test, try, or prove." Although "probative" and "probate" are etymologically related, they are two distinct legal concepts.

Canada

This section deals primarily with Canada and may not represent a worldwide view.
The Canadian judiciary system utilizes the term "probative" which also signifies “prove to be worthy.”

Canadian History

In 1970 The Supreme Court of Canada was concerned with exclusionary discretion within the judicial system. In R. v. Wray Every day judges are faced to weigh the probative value versus the prejudicial impact. A part of this is symbolized by a weighing scale and represents justice.

References

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