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Simple English definitions for legal terms
disjunctive allegation
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A quick definition of disjunctive allegation:
A disjunctive allegation is a statement made in a legal document that presents something as either one thing or another. For example, a charge that someone committed murder or caused someone else to commit murder is a disjunctive allegation. It is a way of presenting multiple possibilities in a legal case. Allegations are statements made in legal documents that assert something as true, even if it has not yet been proven. They are an important part of legal proceedings.
A more thorough explanation:
A disjunctive allegation is a statement in a legal pleading or indictment that expresses something in the alternative, usually with the conjunction "or". It is a formal statement of a factual matter as being true or provable, without its having yet been proved.
- A charge that the defendant murdered or caused to be murdered is a disjunctive allegation.
- In a battery case, a material allegation is harmful or offensive contact with a person.
These examples illustrate how a disjunctive allegation can be used in legal proceedings to assert a claim or charge against an adversary. The statement presents two or more alternatives, and the burden of proof lies with the party making the allegation to prove one or more of the alternatives.