Allegation
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In law, an allegation is a claim of an unproven fact by a party in a pleading, charge, or defense. Until they can be proved, allegations remain merely assertions.[1]
Types of allegations
Marital allegations
There are also marital allegations: marriage bonds and allegations exist for couples who applied to
Civil complaints
Generally, in a civil
A defendant can allege affirmative defenses in its answer to the complaint.
Other allegations are required in a pleading to establish the correct
Disjunctive allegations
Disjunctive allegations are allegations in a pleading joined 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.[1]
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.[2]
See also
References
- ^ a b See definition at law.com
- ^ "Glossary". Legal Aid NSW. 9 February 2017. Retrieved 23 March 2022.