Define: Probatio Plena

Probatio Plena is a Latin term that refers to a full proof or complete evidence. In legal terms, it is the burden of proof required to establish a fact or claim in a court of law.

Probatio Plena is considered a higher burden of proof compared to other standards such as “preponderance of the evidence” or “beyond a reasonable doubt.” It requires the presentation of clear and convincing evidence to establish a fact or claim.

Probatio Plena is often used in civil cases where the stakes are high, such as cases involving fraud, defamation, or termination of parental rights. It is also used in some criminal cases, particularly in certain jurisdictions or for specific offenses.

In criminal cases, Probatio Plena is typically not required as the burden of proof is usually “beyond a reasonable doubt.” However, in some instances, such as when seeking a conviction for certain white-collar crimes, Probatio Plena may be required to establish guilt.

To meet the burden of Probatio Plena, the party presenting the evidence must provide clear and convincing proof that leaves no reasonable doubt in the minds of the judge or jury. This evidence must be of a higher standard than mere preponderance or reasonable doubt.

To meet the burden of Probatio Plena, evidence such as eyewitness testimony, expert opinions, documentary evidence, or physical evidence may be presented. The evidence must be strong, reliable, and persuasive.

Yes, Probatio Plena can be used in administrative proceedings, particularly when the outcome may significantly impact an individual’s rights or privileges. Administrative agencies may require a higher burden of proof to establish certain claims or allegations.

Yes, Probatio Plena can be challenged or rebutted by the opposing party. They may present counter-evidence or arguments to cast doubt on the strength or reliability of the evidence presented. However, the burden of proof remains on the party seeking to establish Probatio Plena.

If Probatio Plena is not met, the claim or fact being asserted may not be established. The judge or jury may rule in favor of the opposing party or dismiss the claim altogether, depending on the specific circumstances of the case.

No, Probatio Plena is not used in all legal systems. It is more commonly found in civil law jurisdictions, while common law jurisdictions often rely on different standards of proof. The specific burden of proof required may vary depending on the legal system and the nature of the case.