Allegata Et Probata: The Link Between Allegations and Evidence in Law
Definition & Meaning
The term "allegata et probata" is a Latin phrase that translates to "things alleged and proved." In legal contexts, it refers to the principle that the evidence presented in a case must directly support the claims made by the parties involved. Essentially, this means that what a party claims (the allegations) must be substantiated by appropriate proof (the evidence). This principle is fundamental in ensuring that legal arguments are backed by credible evidence.
Legal Use & context
This term is commonly used in various legal areas, including civil, criminal, and family law. It plays a crucial role in court proceedings, where parties must present their allegations and the corresponding evidence to support their case. For individuals managing their legal matters, understanding this principle can be essential when preparing legal documents or representing themselves in court. Tools like US Legal Forms provide templates that can help users ensure their allegations are properly supported by evidence.
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a civil lawsuit for breach of contract, a plaintiff alleges that the defendant failed to deliver goods as promised. To support this allegation, the plaintiff must provide evidence such as the contract, correspondence, and proof of non-delivery.
Example 2: In a criminal case, if a prosecutor alleges that a defendant committed theft, they must adduce evidence such as witness testimonies, surveillance footage, or physical evidence linking the defendant to the crime. (hypothetical example)