Allegation It is a term whose etymological root is found in allegātus, a Latin language word. An allegation is a address , a testimony or one exposition what is pronounced against or in favor of a person or something.
For example: “The religious leader made a plea for peace in a mass meeting”, "The prosecutor is scheduled to make his plea tomorrow before noon", “The actor made a strong plea against journalism after photos of his privacy were disseminated in a magazine”.
Take the case of an experienced soccer player who, tired of the critics towards the coach of his team, decides to offer a Press conference to defend it In his allegation, the player points out that the technical director in question has won ten titles throughout the race, including one last year. It also lists the injuries suffered by the campus as an explanation of why the poor results in recent times. Therefore, the player asks to stop criticism of the coach and to assess his job .
In the judicial field, according to the dictionary of the Royal Spanish Academy (RAE ), the presentation made by a lawyer for substantiate the right that has the defending party and for refute the reasons given by the other party.
In his plea, the specialist in right It makes a proposal, analyzes the evidence, challenges the arguments of the counterparty and carries out a legal basis for its claims based on legislation and jurisprudence.
The allegations can be presented in two ways:
* orally , at the hearing when the evidence relief, a concept that includes the process that the judge carries out when verifying and validating the evidence that each party has alleged, before the trial is held;
* written , either when the allegation period opens or when the hearing is over.
It should be mentioned that the allegation constitutes a procedural burden for both parties, although it is also important to note that there is no obligation on the part of the judge to rule on them.
While it is normal that there is no specific form established by the procedural laws regarding the structure of the allegation, it must be borne in mind that it must be a reasoned and methodical presentation of the following:
* the facts that are affirmed in the lawsuit;
* the evidence that the party wishes to provide to prove them;
* he value of such evidence;
* the challenge of those contributed by the opposing party;
* the denial of the events indicated by the opposing party;
* the reasons that can be drawn from the facts that are proven;
* the doctrinal and legal reasons that can be adduced in favor of the right invoked.
A word from the family of allegation that is often used in everyday speech is the verb plead, whose definition can provide a certain background to better understand the concept in question. This is the action that a person performs when citing an example, certain words or a fact that can serve to try out your innocence or to defend yourself in a certain situation.
Another meaning of the verb plead It defines it as the act of presenting services or merits that serve so that a certain claim is based on them. In the particular case of Law, an area in which the concept of allegation, this is the action taken by a defendant or his defense attorney to argue , in written or oral form, rights and events that serve to defend their cause.