PROBABLE

Having the appearance of truth; having the character of probability; appearing to be founded in reason or experience. Probable came. “Probable cause” may be defined to be an apparent state of facts found to exist upon reasonable inquiry, (that is, such inquiry as the given case renders convenient ana proper,) which would induce a reasonably intelligent and prudent man to believe, in a criminal case, that the accused person had committed the crime charged, or, in a civil case, that a cause of action existed. “Probable cause,” in malicious prosecution, means the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Wheeler v. Kesbitt, 24 How. 544, 16 L. Ed. 765. Probable evidence. See EVIDENCE. Probable reasoning. In the law of evidence. Reasoning founded on the probability of the fact or proposition sought to be proved or shown; reasoning in which the mind exercises a discretion in deducing a conclusion from premises. Burrill. Probandi necessitas inonmbit illi qul agit. The necessity of proving lies with him who sues. Inst 2, 20, 4. In other words, the burden of proof of a proposition is upon him who advances it affirmatively.