What term describes the assertion of facts in a pleading that must be supported by evidence?

• A. Factual contentions
• B. Legal conclusions
• C. Hearsay statements
• D. Opinions

Answer: (A)

In civil procedure, pleadings must include factual contentions—specific facts the party claims happened that, if proven, would support the claim. These factual contentions are the building blocks you must later back up with evidence like documents or testimony at trial. The emphasis is on facts, not legal labels.

Legal conclusions—such as “the defendant was negligent”—are statements about what the law would impose given the facts. The court will determine whether the facts alleged support the legal conclusion, so the facts themselves, not the conclusion, are what must be proven.

Hearsay statements reference what someone said outside the courtroom and are about admissible evidence rather than the basic factual assertions in a pleading; they’re not the term describing the factual allegations that must be supported by evidence. Opinions aren’t the factual assertions pleadings should contain; pleadings should state facts rather than personal judgments.

For example, a complaint might plead factual contentions like: on a certain date the defendant accelerated through a red light and collided with the plaintiff, causing injury and financial loss. Those facts must be proven with evidence; the legal conclusion of negligence follows from those proven facts. Hence, the term describing the assertion of facts in a pleading that must be supported by evidence is factual contentions.