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Simple English definitions for legal terms
material allegation
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A quick definition of material allegation:
A material allegation is a statement that is essential to a claim, charge, or defense in a legal proceeding. It is something that has been declared or asserted as a matter of fact, but has not yet been proven. In simpler terms, it is a very important statement that needs to be proven true in order for a case to be successful.
A more thorough explanation:
A material allegation is a statement made in a legal pleading that is essential to the claim, charge, or defense. It is something that has been declared or asserted as a matter of fact, without having been proved yet.
- In a battery case, a material allegation would be that the defendant made harmful or offensive contact with the plaintiff.
- A disjunctive allegation is a statement in a pleading that expresses something in the alternative, usually with the conjunction "or". For example, a charge that the defendant murdered or caused to be murdered is a disjunctive allegation.
- A defensive allegation is a defendant's response in an ecclesiastical action. It is a pleading of the facts relied upon that require the plaintiff's response under oath.
These examples illustrate how a material allegation is a statement that is crucial to a legal case. Without these statements, the case may not have a strong foundation or may not be able to proceed.