DEMURRER Meaning and
Definition
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Demurrer is a legal term that refers to a formal objection made by one party in a lawsuit to challenge the legal sufficiency of the opposing party's claim or motion. It is a procedural device used primarily in common law jurisdictions, including the United States.
When a demurrer is filed, the party objecting is essentially stating that even if the opposing party's allegations are true, they do not constitute a valid cause of action or legal claim. The purpose of a demurrer is to prevent unnecessary litigation by testing the legal adequacy of the claim early on in the proceedings.
Typically, a demurrer argues that the opposing party has failed to state a claim upon which relief can be granted, or that there is a defect in the pleading that renders it legally insufficient. The demurring party must demonstrate that there is no genuine legal issue presented by the pleading, and that the court should dismiss the case or the specific claim at issue.
A demurrer can be an effective tool for defendants to challenge the legal merits of the opposing party's case, as it forces the court to review the sufficiency of the pleadings before proceeding with the lawsuit. If the demurrer is successful, the court may dismiss the case or require the opposing party to amend their pleadings to correct the identified deficiencies.
Overall, a demurrer is a legal objection used to test the initial pleading or motion's legal adequacy, aiming to weed out claims that lack a valid legal basis, thereby streamlining the litigation process.
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One who; in law, an issue, raised on a question of law, between plaintiff and defendant, by which the progress of the suit is delayed.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Common Misspellings for DEMURRER
Etymology of DEMURRER
The word "demurrer" has its origins in English common law and comes from the Latin word "demorari", which means "to delay" or "to linger". This Latin word is composed of two parts: "de", meaning "from" or "away", and "morari", meaning "to linger". In legal usage, a demurrer was a legal pleading used to delay or question the validity of an opponent's claim in a lawsuit. Over time, the term "demurrer" has been specifically used to refer to a motion in court challenging the legal sufficiency of a complaint or indictment.
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