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allegation

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Dictionary: al·le·ga·tion   (ăl'ĭ-gā'shən) pronunciation
 
n.
  1. Something alleged; an assertion: allegations of disloyalty.
  2. The act of alleging.
  3. A statement asserting something without proof: The newspaper's charges of official wrongdoing were mere allegations.
  4. Law. An assertion made by a party that must be proved or supported with evidence.

[French allégation, from Latin allēgātiō, allēgātiōn-, from allēgātus, past participle of allēgāre, to dispatch, adduce : ad-, ad- + lēgāre, to depute; see legate.]


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Business Dictionary: Allegation
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Assertion of fact in a Pleading. It is a statement of the issue that the contributing party expects to prove.

 
Law Encyclopedia: Allegation
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This entry contains information applicable to United States law only.

The assertion, claim, declaration, or statement of a party to an action, setting out what he or she expects to prove.

If the allegations in a plaintiff's complaint are insufficient to establish that the person's legal rights have been violated, the defendant can make a motion to the court to dismiss the complaint for failure to state a cause of action. If the allegations in the defendant's answer do not contradict the allegations in the complaint, the plaintiff can make a motion for summary judgment.

 
Word Tutor: allegation
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pronunciation

IN BRIEF: n. - Statements affirming or denying certain matters of fact that you are prepared to prove; (law) a formal accusation against somebody (often in a court of law).

Tutor's tip: An "allegation" is an unsupported statement. That is quite different than an "alligation," which is something that is conjoined or attached to something else. {Rosie: I couldn't find this word in the any dictionary.}

 
Wikipedia: Allegation
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An allegation (also called adduction) is a claim of a fact by a party in a pleading, which the party claims to be able to prove. Allegations remain assertions without proof, until they can be proved.

There are also marriage allegations: marriage bonds and allegations exist for 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 claim and thus states a cause of action. The plaintiff must then carry the burden of proof and the burden of persuasion in order to succeed in the 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 an "or". 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.




 
Translations: Allegation
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Dansk (Danish)
n. - påstand, anbringende

Nederlands (Dutch)
aantijging, bewering

Français (French)
n. - allégation

Deutsch (German)
n. - Behauptung, Bezichtigung

Ελληνική (Greek)
n. - ισχυρισμός, κατηγορία

Italiano (Italian)
accusa

Português (Portuguese)
n. - alegação (f), desculpa (f)

Русский (Russian)
необоснованное утверждение

Español (Spanish)
n. - alegación, alegato

Svenska (Swedish)
n. - anklagelse, åtalspunkt, påstående

中文(简体)(Chinese (Simplified))
断言, 辩解, 申述, 主张

中文(繁體)(Chinese (Traditional))
n. - 斷言, 辯解, 申述, 主張

한국어 (Korean)
n. - 진술

日本語 (Japanese)
n. - 申し立て, 陳述

العربيه (Arabic)
‏(الاسم) إدعاءات, زعم‏

עברית (Hebrew)
n. - ‮הצהרה, אמירה, טענה‬


 
 
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