Also known as: substantiates · substantiated · substantiating · substantiation · prove · support with evidence
Written by attorneys · grounded in primary & secondary sources — see below
The provision of evidence or proof sufficient to establish the truth or validity of a fact, claim, or assertion in a legal proceeding.
Prosecutors charged Sylvia Santos and Seth Shapiro with conspiracy to commit fraud. The government introduced recorded calls and emails between the two to substantiate the existence of their agreement to defraud investors. Because the agreement itself formed the actus reus, the evidence of mutual planning satisfied the prosecution's burden without any further overt act.
In Sasha Stone's trial for assault, the defense sought to introduce testimony that Stone had a peaceful character. The court excluded the evidence because it was offered solely to show that Stone acted peacefully on the charged occasion. The prosecution successfully argued that the character proof could not substantiate the inference of non-violent conduct.
Select any source to read its text and confirm it supports the definition.
Scott Summers refused to answer questions about private conversations with his spouse during a grand jury proceeding. The government attempted to overcome the privilege by claiming the communications were not confidential. Summers's counsel introduced evidence of the couple's consistent practice of secrecy, forcing the government to substantiate its claim that the presumption of confidentiality had been rebutted.
Solomon Silver, a member of Sterling Dynamics LLC, sued another member for mismanagement. Silver alleged personal losses from the misconduct. To maintain the direct action, Silver had to substantiate an injury distinct from any harm suffered by the company itself, as required under the uniform act.
Santiago Sanchez sued two contractors after a fire damaged his warehouse. Evidence showed that only one contractor's negligence caused the blaze, but it was impossible to identify which one. Each contractor therefore bore the burden to substantiate that its own conduct did not cause the harm.
In a civil suit arising from a securities scheme, the plaintiff offered a prior criminal judgment against the defendant. The judgment was entered after a guilty plea to a felony. The plaintiff used the conviction to substantiate the essential facts that the defendant had knowingly made false statements to investors.
A party must introduce admissible evidence that meets the applicable burden of proof, whether preponderance, clear and convincing, or beyond a reasonable doubt. The evidence must directly address the factual assertion rather than rely on speculation or conjecture.
Yes. Communications, coordinated actions, and statements of intent can collectively establish the existence of an agreement even without an express written contract. The prosecution need only show that the parties reached a meeting of the minds on the criminal objective.
No. Only the material facts that are essential to the claim or defense require evidentiary support. Immaterial or undisputed facts may be admitted or stipulated without further proof.
The court examines the administrative record or trial evidence to confirm that the decision rests on a rational basis supported by the facts presented at the time of the action. Additional testimony or findings may be required if the existing record is inadequate.
…copy, a mandamus could compel production; to obtain a mandamus one must show the patent is recorded and clerks can be called to prove that fact. Similarly, if a private act of Congress had passed for one's benefit and a copy was needed in court, the clerks could prove the act is among the rolls. The court ordered the…