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Simple English definitions for legal terms
burden of allegation
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A quick definition of burden of allegation:
Term: Burden of allegation
Definition: When someone sues another person, they have to provide enough evidence to support their claim. This is called the burden of allegation. They have to give specific facts that make their case believable. If they don't provide enough evidence, their case can be dismissed. This is called a Federal Rules of Civil Procedure 12(b)(6) motion.
A more thorough explanation:
Definition: The burden of allegation, also known as the burden of pleading, is the responsibility of the plaintiff to provide enough factual evidence to support their claim against the defendant. This means that the plaintiff must present enough non-conclusory facts to make their case "plausible on its face." If the plaintiff fails to meet this burden, their case may be dismissed through a Federal Rules of Civil Procedure 12(b)(6) motion.
Example: Let's say that a person is suing their former employer for wrongful termination. In order to meet the burden of allegation, the plaintiff must provide enough factual evidence to support their claim. This could include things like emails or witness statements that show that the termination was unjustified. If the plaintiff fails to provide enough evidence, their case may be dismissed.
Explanation: This example illustrates the burden of allegation because it shows how the plaintiff must provide enough factual evidence to support their claim. If they fail to do so, their case may be dismissed. This is important because it ensures that cases are not brought to court without sufficient evidence to support them.