It equates “conspiracy” as a concept of substantive criminal law, governing who may be punished for which acts, with “conspiracy” as part of an evidentiary principle, and burdens the latter with all of the theoretical limitations and formal requirements of the former. The two are not the same, though it is likely that any provable criminal conspiracy will satisfy the requirements of the evidentiary rule.

Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 1206