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 ?
KIPP also hired an external law firm to independently investigate the allegation.
He, like many of us, did not see that in Rob Porter, did not see what those allegations have brought forward," Shah said during his debut appearance at the daily press briefing.
The Scottish research shows that, overwhelmingly, allegations were made by the main carer for the child against the non-resident parent, who in around 90% of cases is the father.
The petition calls for investigation against former prime minister Nawaz Sharif's wife Kulsoom Nawaz and Shahbaz Sharif with regard to her allegations.
we refute the allegations leveled by Dr Asim as they run contrary to facts', Rangers spokesperson further said.
However, the appeals court said Trillanes made the allegations of bribery during a public interview.
Premier Makhura views the allegations made against the department very seriously and has accordingly instructed the MEC for Finance and e-Government, Barbara Creecy, to institute a forensic investigation to probe the allegations.
EVIDENCE Now Mr Bain is facing allegations he has not handled witnesses giving their evidence appropriately.
Gartside is summonsed to answer five allegations of perjury and one of fraud while Bolton, the club, have also been summonsed to appear in court next month in relation to allegations of making "numerous false and representational contracts" in June and July 2007.
A Bridgend council spokesman said: "As the school is voluntary aided, the council is providing advice and support in relation to a number of allegations that have been made by a member of staff.
He added: "All I know is allegations were made against me and I literally helped the police with their inquiries.
The UAE is aware of allegations of torture of three British citizens by police in Dubai," the embassy said in the statement, which was published by national news agency WAM.