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Glossary entry

English term or phrase:

make out allegations

English answer:

substantiate allegations (support them with evidence, though not necessarily prove them)

Added to glossary by Charles Davis
Feb 13, 2019 07:41
5 yrs ago
18 viewers *
English term

make out allegations

English Law/Patents Law (general)
"Further in light of the above findings I find all of the allegations in 18 a)- d)
above made out."


What does "made out" mean in this context?
Responses
4 +1 substantiate allegations (support them with evidence, though not necessarily prove them)
4 Write down/complete/represent
3 +1 see my suggestions
3 proven
3 they are false allegation. What they affirm is not true.
Change log

Feb 18, 2019 08:02: Charles Davis Created KOG entry

Discussion

Charles Davis Feb 13, 2019:
No, we don't, but I don't think we need to. To say that the allegations have been "made out" is not ambiguous, in my opinion.
Lara Barnett Feb 13, 2019:
@ Charles I know, but we do not know the full context behind the findings.
Charles Davis Feb 13, 2019:
@Lara To say that the allegations have been made would simply mean that they have been stated. You wouldn't need "findings" (of fact) to determine that; you would just have to read the pleadings.

There's no reason to assume an error here. "Make out an allegation" is a perfectly normal legal expression. Here's Judge Saffman in Leeds County Court:

"I have carefully considered the evidence and, for the reasons expressed, am entirely satisfied to the criminal standard, and am thus sure, that these allegations have been made out and I so find. "
https://www.judiciary.uk/wp-content/uploads/2017/04/coc-mcdo...

And another example, in a different context (a disciplinary hearing):

"After the hearing consider all the evidence that has been presented by bothsides and decide whether the allegations have been made out. If they have, you must then decide what disciplinary action should be taken. "
http://www.sedgwick-legal.co.uk/cms/documents/things_to_reme...
Lara Barnett Feb 13, 2019:
Make out... I think this could be a mistake by somebody who may not have been very good at English. So it should be "all of the allegations... have been made", i.e. instead of "to make out an allegation" should be "to make an allegation".
Victoria Britten Feb 13, 2019:
@Asker What about the "findings" mentioned? Do they back up the allegations, confirm that the allegations were made, simply take them into account? I suspect that is where your answer lies.
Lara Barnett Feb 13, 2019:
English I don't think this sounds like native English at all, and even more so if the lack of punctuation appears as described.
Mohammad Ghaffari (asker) Feb 13, 2019:
More context provided It is a draft judgment. It's a legal case, of course. Allegations in para 18 (a-d) are made against a respondent. The sentence I posted here is a paragraph under the "Findings/Discussion" section of the judgment. It is originally written in English.
Victoria Britten Feb 13, 2019:
More context needed! Have you read the whole document, and in particular 18 a)-d) and the allegations mentioned? What do the "above findings" have to say about those allegations? What kind of document is it? Was it originally written in English. Out of context it isn't possible to be sure of the meaning.

Responses

+1
3 hrs
Selected

substantiate allegations (support them with evidence, though not necessarily prove them)

"Make out" here means more than "state" but something less than "prove". It means that the allegations have been supported or substantiated, so that there is a prima facie case to be answered: at first sight, there is reason to believe that the allegations are true. In a criminal context, to make out a case against someone means to present sufficient grounds to justify charging that person with an offence and calling upon the person to defend him/herself against the charge. The case has not yet been proven and the accused person may be able to rebut it. The expression is used in non-legal contexts too.

"6 make out a case (for something)
to find good reasons that prove something or show why you need something"
https://www.ldoceonline.com/dictionary/make-out

"in order to interview him, we would have to have had reasonable grounds to suspect that an [offence] had been committed. The investigation had shown that while an allegation had been made, the offence had not been made out in law and as such those reasonable grounds had ceased"
https://www.theguardian.com/commentisfree/2016/feb/15/report...
Note from asker:
Thank you, Charles.
Peer comment(s):
neutral Yvonne Gallagher : oops, your answer wasn't there as I was drafting. We seem to have come to much the same conclusions but the asker needs to say how the draft judgement concludes.
7 mins
Thanks, Yvonne :-) To me, "in light of the above findings, I find..." makes it clear that the writer, who must be a judge, has concluded that there is sufficient evidence to support the allegations. "Alleged" or "reported" would be a tautology here.
agree Tina Vonhof (X)
4 hrs
Thank you, Tina! Sorry I forgot to say so at the time :-)
neutral Robert Carter : Interesting. I'm not familiar with the term, but it appears to be similar in meaning to the phrase "actualizarse el tipo" in Spanish.
29 days
Thanks, Robert. I must confess I'm not familiar with that term!
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4 KudoZ points awarded for this answer.
25 mins

Write down/complete/represent

https://www.google.com/amp/s/www.macmillandictionary.com/amp...
to write all the necessary information on a document such as a cheque.
to represent or delineate in detail: from Webster online
https://www.merriam-webster.com/dictionary/make out

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Note added at 27 mins (2019-02-13 08:09:20 GMT)
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I think "delinaeate" is the best one: to represent in detail.
Note from asker:
Well, this is the point. It doesn't give me an impression of "delineate/describe" in this context. I thought it might have a sense of "confirm" ('vaared budan' in Persian), but if it was not suggested by anyone, then I'd go with this "delineate" option. Thanks for your input :)
Peer comment(s):
neutral Victoria Britten : Impossible to be entirely sure without more context.
1 hr
Yes. I am not entitely sure. High means 60 to 80 percent, not entirely.
Something went wrong...
+1
3 hrs

see my suggestions

As Victoria has said, there is far too little context here.

You say that allegations have been made in court, i.e someone (the plaintiff) has alleged that something has occurred/taken place or been done. (but you've given no details)

Now a draft judgement is saying that these allegations have been "made out". It seems like an odd choice of words without more context. You don't proceed to tell us what CONCLUSION this judgment reaches? In other words, does it find the plaintiff's allegations are founded, that there are grounds for these allegations? This would mean that

"made out"= substantiated (founded/accepted as true)

So, this "made out" could mean that the aforesaid allegations have been accepted as substantiated because enough evidence has been produced to support them

"made out" can mean other things too, including alleged/reported/completed/implied etc. but I think the most likely meaning/synonym here is "substantiated" or "accepted as true"

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Note added at 7 hrs (2019-02-13 15:37:48 GMT)
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OK then made out means founded or substantiated for sure

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Note added at 7 hrs (2019-02-13 15:39:24 GMT)
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OK then "made out" means "founded" or "substantiated" for sure, i.e. there are grounds for these allegations
Note from asker:
In the conclusion section, allegations are founded. Thank you very much, Yvonne.
Peer comment(s):
agree Tina Vonhof (X)
4 hrs
Many thanks:-)
Something went wrong...
14 hrs

proven

As others have said, more context would help, but the text sounds to me like part of the decision of a court/tribunal/etc.
Something went wrong...
2 days 12 hrs

they are false allegation. What they affirm is not true.

It is legal English. The allegations (affirmations made by one party) are built up from false premises
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