Exonerative fact - sustany/dvg GitHub Wiki

To exonerate means to clear from an accusation. An �exonerative fact� appears in two different legal contexts.�

• First, the�common law�defines an exonerative fact�as a fact that modified a legal relationship in a way that extinguished someone's duty to someone else.
• Second, in modern usage, it is a fact that convinces�triers of fact�of a criminal defendant's innocence with the required degree of certainty, i.e. beyond a reasonable doubt.

Illustrative Examples:

• Scenario 1 (criminal law): A is charged with a robbery in New Jersey. However, A�s attorney provides evidence that A was in a different state during the time the robbery occurred.
  • This piece of evidence is the exonerative fact.
• Scenario 2 (civil law): A and B are involved in a car accident where B�s vehicle was hit from the back by A. B then sues A for damages, alleging that the accident was the fault of A. However, A provides evidence that B was on their phone, not paying attention, and suddenly slammed on their breaks.
  • This evidence could constitute an exonerative fact.

Compare with�Mitigating�circumstance�