Allegation
Encyclopedia
An allegation 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 marital 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 defense
s in its answer to the complaint.
Other allegations are required in a pleading to establish the correct jurisdiction
, personal jurisdiction and subject matter jurisdiction.
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.
Allegation is always in plural.
Fact
A fact is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown to correspond to experience. Standard reference works are often used to check facts...
by a party
Party (law)
A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law. Parties include: plaintiff , defendant , petitioner , respondent , cross-complainant A party is a person or group of persons that compose a single entity which can be...
in a pleading
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
, which the party claims to be able to prove. Allegations remain assertions without proof, until they can be proved.
There are also marital allegations: marriage bonds and allegations exist for couples who applied to marry by licence. They do not exist for couples who married by banns
Banns of marriage
The banns of marriage, commonly known simply as the "banns" or "bans" are the public announcement in a Christian parish church of an impending marriage between two specified persons...
. 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
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
alleges facts sufficient to establish all the elements of the claim
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
and thus states a cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
. The plaintiff must then carry the burden of proof and the burden of persuasion in order to succeed in the lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
.
A defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
can allege affirmative defense
Affirmative defense
A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...
s in its answer to the complaint.
Other allegations are required in a pleading to establish the correct jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, 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
Alternative pleading
Alternative pleading permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction....
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.
Allegation is always in plural.