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Allegation

 

 
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Allegation
 
 
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An allegation (also called adduction) is a claim of a fact
Fact

A fact is something said to be true or supposed to have happened, example: Kiira is mean, FACT. An idea becomes a fact after competent people have tested a hypothesis through the scientific method....
 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.Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the party of the first p...
 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, such as a complaint, a demurrer, or an answer....
, which the party claims to be able to prove. Allegations remain assertions without proof, until they can be proved.

There are also marriage 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", are the public announcement in a parish church of a Christian church descended from the Roman Catholic Church that a marriage is going to take place 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 general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. In legal terminology, a complaint is a formal legal document that sets out the basic facts and legal reasons that the filing party believes are sufficient to support a claim against another person, persons, entity...
 a plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
 alleges facts sufficient to establish all the elements of the crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
 and thus create 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. The phrase may refer to the legal theory upon which a plaintiff brings suit ....
.






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An allegation (also called adduction) is a claim of a fact
Fact

A fact is something said to be true or supposed to have happened, example: Kiira is mean, FACT. An idea becomes a fact after competent people have tested a hypothesis through the scientific method....
 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.Courts use various terms to identify the role of a particular party in civil litigation, usually identifying the party that brings a lawsuit as the plaintiff, or, in older American cases, the party of the first p...
 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, such as a complaint, a demurrer, or an answer....
, which the party claims to be able to prove. Allegations remain assertions without proof, until they can be proved.

There are also marriage 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", are the public announcement in a parish church of a Christian church descended from the Roman Catholic Church that a marriage is going to take place 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 general use, a complaint is an expression of displeasure, such as poor service at a store, or from a local government, etc. In legal terminology, a complaint is a formal legal document that sets out the basic facts and legal reasons that the filing party believes are sufficient to support a claim against another person, persons, entity...
 a plaintiff
Plaintiff

A plaintiff , also known as a claimant or complainant, is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order ....
 alleges facts sufficient to establish all the elements of the crime
Crime

Societies define Crime as the breach of one or more rules or laws for which some Government or force may ultimately prescribe a punishment.The word crime originates from the Latin crimen , from the Latin root cerno and Greek ????? = "I judge"....
 and thus create 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. The phrase may refer to the legal theory upon which a plaintiff brings suit ....
. The plaintiff must then carry the burden of proof
Burden of proof

The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
 and the burden of persuasion in order to succeed in the lawsuit
Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
.

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 indictment or accused of violating a crime statute....
 can allege affirmative defense
Affirmative defense

An affirmative defense is a category of defense used in litigation between private parties in common law jurisdictions, or, more familiarly, a type of defense raised in criminal law by the defendant....
s in its answer to the complaint.

Other allegations are required in a pleading to establish the correct jurisdiction
Jurisdiction

In law, 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
Per se

per se :*A List of Latin phrases #P used in English arguments for "by itself" or "by themselves"It also is used in law:*Illegal per se, the legal usage of "per se" in criminal and anti-trust law...
 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.