A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action. In ruling on a demurrer, a court accepts the factual assertions of the moving party as true.

A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?"

2015年8月27日 · A demurrer requires that a hearing be held so that both sides to the dispute may present their rationale for the continuation or dismissal of the lawsuit, after which the judge will make a determination. To explore this concept, consider the following demurrer definition.

2025年1月22日 · A demurrer to evidence is a procedural tool in legal proceedings used to challenge the sufficiency of the opposing party’s evidence before the case proceeds to the jury. It allows defendants to argue that the prosecution or plaintiff’s evidence fails to establish a prima facie case, meaning it does not meet the legal threshold necessary to ...

A demurrer is a type of answer used in systems of Code Pleading, established by statute to replace the earlier common-law Forms of Action. While a demurrer admits the truth of the plaintiff's set of facts, it contends that those facts are insufficient to grant the complaint in …

A demurrer is a legal term used in court when one party argues that the other party's complaint or claim is not valid, even if everything they say is true. It’s like saying, "I agree with what you’re saying, but it doesn’t matter because it doesn’t legally count."

In a criminal case, a demurrer is a defendant's assertion that the document laying out the charges—the complaint, information, or indictment—is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it …

A demurrer is a formal objection to the legal sufficiency of an opponent's pleading. It asks for a judgment in the demurring party's favor due to a failure to state a cause of action. A demurrer does not dispute the facts contained in the pleading, but the legal basis for the claim that a wrong requires a remedy.

Demurrer, in law, a process whereby a party hypothetically admits as true certain facts alleged by the opposition but asserts that they are not sufficient grounds for relief, or redress. A ruling on a demurrer can result in the quick disposition of a case resting on the point of law challenged in.

2022年11月5日 · In a nutshell, demurrer refers to an objection against the legal sufficiency of a pleading. The idea is to have the court assess the pleading on the face of the document and determine if it’s legally sufficient.