allegation

1 (law) a formal accusation against somebody (often in a court of law); "an allegation of malpractice"

2 statements affirming or denying certain matters of fact that you are prepared to prove [syn: allegement]

English

Pronunciation

• Rhymes: -eɪʃǝn

Noun

1. An assertion, especially an accusation, not necessarily based on facts.

   She put forth several allegations regarding her partner in hopes of discrediting his actions.

2. The act of alleging.

Translations

• French: assertion

distinguish alligation An allegation is a statement of a fact by a party in a pleading, which the party claims it will prove. Allegations remain assertions without proof, until they are proved.

There are also marriage allegations: marriage bonds and allegations exist for only couples who applied to 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 frequently just the groom alleged on behalf of both of them) that there were no impediments to the marriage.

Generally, in a civil complaint, a plaintiff alleges facts sufficient to establish all the elements of the crime and thus create a cause of action. The plaintiff must then carry the burden of proof and burden of persuasion in order to succeed in its lawsuit.

A defendant can allege affirmative defenses in its answer to the complaint.

Other allegations are required in a pleading to establish the correct jurisdiction, personal jurisdiction and subject matter jurisdiction.

Disjunctive allegations

Disjunctive allegations are allegations in a pleading joined together by "or"s. In a complaint, disjunctive allegations are usually per se 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.

Allegations are, by definition, always false. Q.E.D.

See also

Parthian shot, accusal, accusation, accusing, address, admission, affidavit, affirmance, affirmation, allegement, announcement, annunciation, answer, apostrophe, arraignment, assertion, asseveration, attest, attestation, averment, avouchment, avowal, bill, bill of complaint, bill of particulars, blame, bringing of charges, bringing to book, charge, claim, comment, complaint, compurgation, conclusion, count, crack, creed, declaration, delation, denouncement, denunciation, deposition, dictum, disclosure, enunciation, exclamation, expression, greeting, impeachment, implication, imputation, indictment, information, innuendo, insinuation, instrument in proof, interjection, ipse dixit, lawsuit, laying of charges, legal evidence, libel, manifesto, mention, narratio, nolle prosequi, nonsuit, note, observation, phrase, plaint, position, position paper, positive declaration, predicate, predication, proclamation, profession, pronouncement, proposition, prosecution, protest, protestation, question, reflection, remark, reproach, say, say-so, saying, sentence, stance, stand, statement, statement of facts, subjoinder, suit, sworn evidence, sworn statement, sworn testimony, taxing, testimonial, testimonium, testimony, thought, true bill, unspoken accusation, utterance, veiled accusation, vouch, witness, word