Legal Definitions - allegation

An allegation is a formal statement or claim of fact made by one party in a legal proceeding, which has not yet been proven to be true. It is presented as something that the party believes to be true and intends to prove with evidence later in the legal process.

Here are some examples to illustrate the concept of an allegation:

• Civil Lawsuit: Imagine a homeowner who hires a contractor to build an addition to their house. After the work is completed, the homeowner believes the contractor used substandard materials and did not follow the agreed-upon blueprints. When the homeowner files a lawsuit against the contractor, they might include an allegation that the contractor breached the contract by failing to perform the work according to professional standards and specifications.

  Explanation: This is a claim of fact (breach of contract and substandard work) that the homeowner asserts. It is an allegation because, at this stage, it is merely a claim that the homeowner must support with evidence, such as expert testimony, photographs, or material samples, to convince a court that it is true.

• Criminal Case: Consider a situation where law enforcement arrests an individual suspected of shoplifting. When the prosecutor formally charges the individual, they will present an allegation that the individual unlawfully took merchandise from a store without paying for it, with the intent to permanently deprive the store of its property.

  Explanation: This is the prosecutor's formal claim of criminal conduct. It is an allegation because the individual is presumed innocent until proven guilty. The prosecutor must present evidence, such as security footage, witness statements, or recovered merchandise, to a jury or judge to prove this allegation beyond a reasonable doubt.

• Regulatory Enforcement: Suppose a government consumer protection agency investigates a company that sells dietary supplements. After reviewing product labels and marketing materials, the agency might issue a notice containing an allegation that the company engaged in deceptive advertising by making unsubstantiated health claims about its products.

  Explanation: This is a claim made by the regulatory agency based on its investigation. It is an allegation because the company will have an opportunity to respond, present its own evidence, and argue against the claim. The agency's claim is an allegation until it is formally proven or admitted, potentially leading to fines or other enforcement actions.