Factum probandum vs.

factum probans

Factum probandum is the fact or proposition to be established, while factum probans is the
fact or material evidencing the fact or proposition to be established.

The factum probandum is the fact to be proved; it is the fact which is in issue in a case and
to which the evidence is directed. On the other hand, factum probans is the probative or
evidentiary fac tending to prove the fact in issue.