Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Allegation

From Wikipedia, the free encyclopedia
Claim of an unproven fact by a party in a pleading
Not to be confused withalligation orallegory.
"Alleged" redirects here. For the champion racehorse, seeAlleged (horse).
"Allegator" redirects here. For the family of crocodilians, seeAlligator. For other uses, seeAlligator (disambiguation).
This articleneeds additional citations forverification. Please helpimprove this article byadding citations to reliable sources. Unsourced material may be challenged and removed.
Find sources: "Allegation" – news ·newspapers ·books ·scholar ·JSTOR
(April 2008) (Learn how and when to remove this message)

In law, anallegation is a claim of an unprovenfact by aparty in apleading, charge, or defense. Until they can beproved, allegations remain merely assertions.[1]

Types of allegations

[edit]

Marital allegations

[edit]

There are also marital allegations: marriage bonds and allegations exist for couples who applied tomarry by licence. They do not exist for couples whomarried 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

[edit]

Generally, in a civilcomplaint, aplaintiff alleges facts sufficient to establish all the elements of theclaim and thus states acause of action. The plaintiff must then carry theburden of proof and theburden of persuasion in order to succeed in thelawsuit.

Adefendant can allegeaffirmative defenses in its answer to the complaint.

Other allegations are required in a pleading to establish the correctjurisdiction,personal jurisdiction andsubject matter jurisdiction.

Disjunctive allegations

[edit]

Disjunctive allegations are allegations in a pleading joined by an "or". In a complaint, disjunctive allegations are usuallyper se defective because such a pleading does not put the party on notice of which allegations they must defend.[1]

On the other hand, defendants oftenplead 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

[edit]

"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.[2]

See also

[edit]
Wikiquote has quotations related toAllegation.

References

[edit]
Look upallegation in Wiktionary, the free dictionary.
  1. ^abSee definition at law.com
  2. ^"Glossary".Legal Aid NSW. 9 February 2017. Retrieved23 March 2022.


Stub icon

Thislegal term article is astub. You can help Wikipedia byexpanding it.

Retrieved from "https://en.wikipedia.org/w/index.php?title=Allegation&oldid=1176218035"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2025 Movatter.jp