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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.

disinterested witness | dismiss

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lilypadfrog
20:31
that seems crazy #tome
texaslawhopefully
20:32
No, at least from the two people I know there that’s false. I think it’s just something like Chicago for conservatives is on par with S whereas for liberals it’s below HYS but above CCNP
texaslawhopefully
20:32
I mean I think even the student body there only like 15 percent is part of fedsoc
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
21:46
@Dkk: one of the most deranged documents i've ever had the displeasure of reading
lilypadfrog
22:03
sometimes I go into fight or flight mode until I get all my work done
i call that locking in
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