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In law, an allegation is a claim of an unproven
fact A fact is a datum about one or more aspects of a circumstance, which, if accepted as true and proven true, allows a logical conclusion to be reached on a true–false evaluation. Standard reference works are often used to check facts. Scie ...
by a
party A party is a gathering of people who have been invited by a host for the purposes of socializing, conversation, recreation, or as part of a festival or other commemoration or celebration of a special occasion. A party will often featu ...
in a
pleading In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adju ...
, charge, or defense. Until they can be proved, allegations remain merely assertions.
See definition at law.com


Types of allegations


Marital allegations

There are also marital allegations: marriage bonds and allegations exist for couples who applied to marriage licence, marry by licence. They do not exist for couples who married by banns. The marriage allegation was the document in which the couple alleged (or most frequently just the groom alleged on behalf of both of them) that there were no impediments to the marriage.


Civil complaints

Generally, in a civil
complaint In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party ...
, a
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
alleges facts sufficient to establish all the elements of the claim and thus states a
cause of action A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a ...
. The plaintiff must then carry the burden of proof and the
burden of persuasion In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts ...
in order to succeed in the
lawsuit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
. A
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisd ...
can allege
affirmative defense An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's ...
s in its answer to the complaint. Other allegations are required in a pleading to establish the correct
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
,
personal jurisdiction Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
and
subject matter jurisdiction Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority ...
.


Disjunctive allegations

Disjunctive allegations are allegations in a pleading joined by an "or". In a complaint, disjunctive allegations are usually ''
per se Per se may refer to: * ''per se'', a Latin phrase meaning "by itself" or "in itself". * Illegal ''per se'', the legal usage in criminal and antitrust law * Negligence ''per se'', legal use in tort law *Per Se (restaurant), a New York City restauran ...
'' defective because such a pleading does not put the party on notice of which allegations they must defend. On the other hand, defendants often plead in the alternative by listing seemingly inconsistent defenses. For example, "I did not do the crime", "if I did, I didn't know", or "even if I did know, I've got a good excuse". Such a pleading may be considered disjunctive and may be permissible.


Terminology

"Adduction" is another term relating to allegations. Evidence is said to be adduced, in the process of putting forward or presenting evidence or arguments for consideration by the court.


See also

*
Accusation An accusation is a statement by one person asserting that another person or entity has done something improper. The person who makes the accusation is an accuser, while the subject against whom it is made is the accused. Whether a statement is i ...
*
False accusation A false accusation is a claim or allegation of wrongdoing that is untrue and/or otherwise unsupported by facts. False accusations are also known as groundless accusations or unfounded accusations or false allegations or false claims. They can occur ...
*
Reasonable doubt Beyond a reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the balance of probabilities standard commonly used in civil cases, bec ...


References

Legal terminology {{law-term-stub