Also known as:proves · proved · proving · proof · establish · demonstrate
Written by attorneys · grounded in primary & secondary sources — see below
A party's presentation of evidence sufficient to establish the existence of a fact or the truth of a proposition to the satisfaction of the factfinder.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Conspiracy Agreement Without Overt Act
Pierce Patterson and Priya Prasad agree to rob a bank. Prosecutors charge them with conspiracy. Prosecutors prove the actus reus element by introducing evidence of the agreement alone even though no further steps occur.
Priority Under Recording Statute
Phoenix Technologies records its deed first. Pacific Bank later claims an earlier unrecorded mortgage. Phoenix proves priority under the race statute by showing it recorded the first instrument.
Congressional Taxing Power
Congress enacts a uniform excise on imported goods. Progressive Healthcare challenges the levy as exceeding enumerated powers. Congress proves the tax is authorized by introducing the constitutional grant that permits funding general welfare programs.
Paige Porter is charged with assault. Prosecutors seek to introduce evidence of her prior violent acts to show she acted violently on this occasion. The rule bars prosecutors from proving conduct by propensity evidence alone.
Attorney Self-Defense Exception
Philip Powell faces a malpractice suit from former client Phoebe Park. Powell discloses limited client confidences to defend the claim. Powell proves the disclosure falls within the exception by showing it was made to establish the defense.
Prior Negotiations to Interpret Writing
Peak Performance and Pearl Porter sign a supply contract. Earlier emails show they agreed on a different delivery date. The court admits the emails when Peak Performance seeks to prove the parties' intended meaning of the final writing.
Common questions
Frequently Asked
3
What must a party show to prove an element of a claim or defense?+
The party must introduce evidence that persuades the factfinder the element exists by the applicable standard of proof.
Supporting sources
When does a recording statute require a party to prove priority by recording first?+
Under a race statute the first party to record prevails regardless of notice.
Supporting sources
How does Rule 404 limit the use of character evidence to prove conduct?+
Evidence of a trait is inadmissible when offered to show action in conformity with the trait on a particular occasion.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…Constitution vests the whole judicial power in one supreme court and such inferior courts as Congress shall ordain and establish. This power is extended to all cases arising under the laws of the United States and consequently may be exercised over the present case because the right claimed is given by a law of the…