allegation


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Allegation

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.

allegation

n. a statement of claimed fact contained in a complaint (a written pleading filed to begin a lawsuit), a criminal charge, or an affirmative defense (part of the written answer to a complaint). Until each statement is proved it is only an allegation. Some allegations are made "on information and belief" if the person making the statement is not sure of a fact. (See: complaint)

allegation

noun adfirmatio, assertion, averment, bill of complaint, charge, claim, complaint, crimination, declaration, denunciation, formal averment, imputation, ipse dixit, plea, positive assertion, positive deccaration, positive statement, pronouncement, statement
Associated concepts: allegation of fact, allegation of law, allegation of wrongdoing
See also: accusation, argument, assertion, attestation, bad repute, charge, claim, color, complaint, contention, count, indictment, information, mention, plea, pleading, reference

ALLEGATION, English ecclesiastical law. According to the practice of the prerogative court, the facts intended to be relied on in support of the contested suit are set forth in the plea, which is termed an allegation; this is submitted to the inspection of the counsel of the adverse party, and, if it appear to them objectionable in form or substance, they oppose the admission of it. If the opposition goes to the substance of the allegation, and is held to be well founded, the court rejects it; by which mode of proceeding the suit is terminated without, going into any proof of the facts. 1 Phil. 1, n.; 1 Eccl. Rep. ll, n. S. C. See 1 Brown's Civ. Law, 472, 3, n.

ALLEGATION, common law. The assertion, declaration or statement of a party of what he can prove.

ALLEGATION, civil law. The citation or reference to a voucher to support a proposition. Dict. de jurisp.; Encyclopedie, mot Allegation; 1 Brown's Civ. Law, 473, n.

References in periodicals archive ?
The allegations that ill-gotten laundered money or profits have either been made or that these have been deposited in the accounts of Mr.
In light of the nature of the allegations and the passage of time, critical facts about these events may never be conclusively determined," the letter said.
Trillanes cited parliamentary immunity when he made the allegations as his defense.
Lee, who was Bolton's manager at the time, is summonsed in relation to four allegations of perjury relating to his time at the Championship club.
Unison said it has had numerous meetings with Dr Manghan and his deputy since the initial allegation was made.
The 59-year-old was held in January by detectives from Operation Yewtree, the national investigation sparked by the Jimmy Savile abuse scandal, and re-arrested in March after further allegations emerged.
But Chris Keates, head of the Birmingham-based NASUWT teachers' union, said teachers were "extremely vulnerable" to malicious allegations.
Newsnight editor Peter Rippon said the current affairs show dropped a story about the allegations against Savile because it "had not established any institutional failure" on behalf of the police or Crown Prosecution Service.
Zuckerberg denies the allegations of paragraph 1 of the Amended Complaint, and states that in or about spring 2003 he entered into a written agreement with StreetFax pursuant to which he agreed to perform certain limited services solely in connection with the development of an inoperable and now defunct web site known as StreetFax.
But he adds: "Breach of code C allegations (custody issues) climbed by 77% on the 2008/09 figure and this category is now the fourth most common complaint, overtaking assault for the first time.
The following are selected excerpts of the allegations in the complaint, which would alert the CPA that the license fee arrangement is a complex one requiring an in-depth forensic analysis:
A source with knowledge of the situation said the searches came after the SFO received allegations that Sweet & Maxwell sent out more than one payment reminder to some of its subscribers and received duplicate payments.