Business, Legal & Accounting Glossary
(law) a formal accusation against somebody (often in a court of law)
n. a statement of claimed fact contained in a complaint (a written pleading filed to begin a lawsuit), a criminal charge, or an affirmative defence (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.
An allegation is an assertion or claim made by one party in a legal proceeding. It is not considered truth but merely a claim by one party which they intend to prove as true. Generally, the party making the allegation has the burden of proof to prove the allegation is true by providing evidence. The defense provides evidence that the allegation is not true. Both parties may provide witnesses to support their case.
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.
Allegations are also made outside of court when people are accused of crimes. If allegations are made publically and the reporting is not true and it causes damage to someone’s reputation the injured party may file a lawsuit to attempt to recover damages for their “injury.”
She put forth several allegations regarding her partner in hopes of discrediting his actions.
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This glossary post was last updated: 30th October, 2021 | 4 Views.