An ultimate fact is the foundational evidentiary proof necessary to prove a crime or civil wrong
The relevant factual circumstances underlying an element of a crime or civil action are referred to as ultimate facts. Under the law of evidence, connecting up all relevant facts can prove the existence of an ultimate fact.
The prosecutor or plaintiff must prove ultimate facts to prove the essential elements of a crime or civil wrong.
For example, the mere statement by a witness that “Ben is a killer” is not sufficient to prove Ben committed the crime of murder. Every primary element of the crime charged must be proved beyond a reasonable doubt that Ben was the killer.
In criminal matters, such evidence may include motive, opportunity, and some physical evidence connecting the killer with the crime.
