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Simple English definitions for legal terms
disjunctive allegations
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A quick definition of disjunctive allegations:
Disjunctive allegations are claims in a legal document that use the word "or" to join different claims, instead of using "and." This can make it harder for the person being accused to understand exactly what they are being accused of and to defend themselves properly. In criminal cases, prosecutors often use "and" instead of "or" even when the law allows for either one, to make it easier to prove their case. In civil cases, courts used to prefer "and" but now allow for "or" as well.
A more thorough explanation:
Disjunctive allegations are claims made in a legal document, such as a lawsuit or criminal indictment, that are joined by the word "or" instead of "and." This means that the person making the claim is presenting alternative possibilities, rather than requiring all of them to be true.
For example, if someone is accused of stealing something, the prosecutor might say that they "took, carried away, or concealed" the item. This is an example of disjunctive allegations, because the prosecutor is presenting three different possibilities for how the theft occurred.
In criminal law, it is common for prosecutors to use conjunctive allegations instead of disjunctive ones, even when the law allows for either. This is because disjunctive allegations can be seen as less clear and specific, which can make it harder for the defendant to understand the charges against them and prepare a defense.
However, in civil lawsuits, disjunctive allegations are more accepted. This means that someone bringing a lawsuit might use language like "the defendant breached the contract by failing to deliver the goods on time or by delivering goods that were defective." This allows for multiple possibilities to be presented in a single claim.
Overall, disjunctive allegations are a way of presenting alternative possibilities in a legal document. They can be used in both criminal and civil cases, but are more common in the latter.