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 ?
Premier Makhura received communication from various officials employed in the Department of Sport, Arts, Culture and Recreation making allegations of maladministration and misconduct in the department.
In light of the allegations Mr Bain launched an investigation.
McCann, whose career included spells at Bolton, Everton and Aston Villa as well as Sunderland, must answer four allegations of perjury and one of fraud.
In a statement issued through Bridgend council, Dr Manghan said: "The school remains committed towards carrying out a full and proper investigation of each of the allegations that have been made, and once these have been completed we will take whatever appropriate action may be required.
Describing the allegation of it being involved in the laundering of "monies" in India as completely false, the RIL said in a statement that these baseless allegations are being repeatedly made in the media and in judicial proceedings, and have been already been responded to.
COMEDIAN Jim Davidson has said he thinks people were "making allegations for the sake of it" after he was told he will face no further action in the UK after he was arrested on suspicion of historic sexual offences.
The UAE Embassy in the UK says allegations of torture of three Britons held in Dubai are "baseless".
The status report shows that 1,429 unreasonable force allegations were made against 1,150 officers in 2003, and few were disciplined.
The court found that allegations failed to support a claim against the county based on its statutory duty to maintain a jail, but that the allegations supported a claim against the county for an alleged breach of duty to fund medical care, where the alleged failure to provide adequate funding to meet the medical needs of inmates supported a claim for deliberate indifference under [section] 1983.
ENI)--The Roman Catholic Church in Australia has been thrown into crisis following sexual assault allegations against the country's most powerful and controversial religious leader, Archbishop of Sydney George Pell.
We have absolutely no information to substantiate any of the allegations being propagated by Human Rights Watch," says Kerry Gill, an INS public affairs officer in Newark.