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
[Last updated in March of 2023 by the Wex Definitions Team]