What does assert mean in law?

Assert is a term of art used in the context of civil litigation. It is not a synonym for claim or demand. More technically, an assertion is a statement of fact which a party presents as proof in a legal action. Typically, an assertion is made in a pleading and may be made in the form of a declaration, an affidavit, or a declaration under oath.

What does the word assertion mean in law?

Assertion is a legal term of art, used in writing and in court. It means a claim that something is true. The claim may be backed up by evidence or testimony. Assertions are often made as part of a claim or lawsuit. In the courtroom, an attorney makes an assertion by presenting evidence to support it.

What does the word assertion mean in criminal law?

When someone is accused of a crime, the prosecution must prove that person guilty beyond a reasonable doubt. This high burden of proof means that the prosecution must present evidence sufficient to convince a jury or judge that the defendant is guilty. This evidence can be either direct or circumstantial.

What does the word assertion mean in contract?

Assertions are statements made in a legal document which states a fact. They are not opinions or arguments. If you are trying to prove that you are owed money in a contract dispute, you will likely need to use a claim. A claim is a written document which states that you are owed money. It outlines the details of your claim and states the amount you are owed.

What does the word assert mean in the law?

The word assert is defined as a “claim or demand asserted”. Sometimes it is used to refer to the act of claiming or making a demand, but often it refers to the fact that an individual made such a claim or demand. In other words, it refers to a legal position. For example, an individual who gets into a car accident and claims that they were not at fault could be said to be asserting that claim.