What type of evidence is referred to as "probative evidence"?

Prepare for the Certified Verbatim Reporter Exam with flashcards and multiple choice questions. Each question offers hints and explanations to guide your learning. Ensure you are ready for your test!

Probative evidence is defined as evidence that has the effect of proving an issue in a legal case. It serves to establish a fact that is material to the resolution of the matters at hand. This type of evidence is crucial because it helps to support the arguments made by either side in a trial by providing a basis for understanding or validating claims. When evidence is probative, it effectively contributes to the determination of a case's outcome, as it is relevant and has the ability to influence the decision made by a judge or jury.

For example, in a trial concerning a theft, evidence that ties a defendant to the scene of the crime—such as fingerprints or surveillance footage—would be considered probative because it directly supports the case against the accused by helping to establish their involvement.

The other options provided do not accurately describe probative evidence. Irrelevant evidence does not contribute to proving any fact related to the case, circumstantial evidence, while sometimes related to proving an issue, does not necessarily have the direct effect of proof required to qualify as probative, and hearsay evidence typically lacks reliability and is often excluded from court unless it meets certain exceptions. Thus, the definition of probative evidence encompasses the essential role it plays in legal proceedings by contributing to

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy