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Demurrer

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Demurrer
From LoveToKnow 1911
DEMURRER (from Fr. demeurer, to delay, Lat. morari), in English law, an objection taken to the sufficiency, in point of law, of the pleading or written statement of the other side.

 


Demurrer (dee-mur-ur) A written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit.

Demurrer - A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.
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Demurrer definition:
A mostly obsolete motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, ...

Demurrer
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Demurrers are general and special, and demurrers to evidence, and to interrogatories.

Demurrer: Defendant's claim that even if the allegations in a complaint are true, they are not sufficient to impose any liability on the defendant.
De Novo: A new. A trial de novo is a new trial of a case.

demurrer: an historical term for what the defendant asserts to challenge whether the plaintiff has stated a legally sufficient claim. Now handled by the Rule 12(b) motion to dismiss for failure to state a claim.

Demurrer. French demourer, to tarry, stay, hesitate: Latin de-morari, to delay fully, rest: mora, delay.

Demurrer
A legal attack on a document as to sufficiency.
Deposition
An oral statement made before an officer authorized by law to administer oaths.

demurrer: When a defendant says the facts presented by a plaintiff, even if true, are not enough to establish or prove the defendant's legal responsibility.

demurrer A older term for a challenge to the sufficiency of the opposing party's pleadings; the term is largely obsolete and has been replaced by a motion to dismiss for failure to state a claim.

DEMURRER BOOK Eng. law. When an issue in law is formed, a transcript is made upon paper of all the pleadings that have been filed or delivered between the parties, which transcript is called the demurrer book. Steph. Pl. 95. See Paper book.

Demurrer
A motion put to a trial judge by the defendant, asking the court to reject the petition of the plaintiff because of a lack of basis in law or insufficient evidence . This occurs after the plaintiff has completed his or her case.

Demurrer to the evidence
Definition
: a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to decide
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Demurrer: A motion to dismiss a civil case because of the legal insufficiency of a complaint.

De Novo: A new. A trial de novo is a new trial of a case.

speaking demurrer
n. an attempt to introduce evidence during a hearing on a demurrer.

JOINDER IN DEMURRER
When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called... more ...

TOP Demurrer : This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, ...

Demurrers were abolished, and instead thereof it was provided that any point of law raised by the pleadings should be disposed of at or after the trial, ...

Demur: To file a pleading (called "a demurrer") admitting the truth of the facts in the complaint or answer, but contending they are legally insufficient.

DEMUR -- To respond to a civil complaint by filing a demurrer. See DEMURRER.

We are not attempting to define the legal terms you will encounter in reading cases such as demurrer, summary judgment, or proximate cause. For that we refer you to the standard legal dictionaries, hornbooks, and your professors.

It is a pleading, by which the defendant in a suit endeavors to resist the plaintiffs demand by alleging different facts, as distinguished from a demurrer which admits the facts but contends they are legally insufficient.

See also: Demur, Law, Court, Term, State

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