demurrer

/di'mʌrə/

Thân thiện

The lawyer filed a demurrer to challenge the complaint's legal sufficiency.

Definition

1. Noun:
   • A formal objection to an opponent's pleadings in a legal case: In law, a 'demurrer' is a formal pleading by a party that argues the opposing party's legal claims are insufficient, even if the facts alleged are true.
   • A defendant's answer or plea denying the truth of the charges: It can also refer to a plea or response from a defendant that challenges the legal validity of the charges or the plaintiff's complaint.

Usage

• A 'demurrer' is a specific legal term used in court proceedings. It is a procedural tool to challenge the sufficiency of a legal complaint or pleading without disputing the factual allegations. It argues that even if all the alleged facts are true, they do not constitute a valid legal claim.

Examples

• Noun:
  • The defense attorney filed a demurrer, arguing the complaint failed to state a cause of action.
  • The judge sustained the demurrer and dismissed the case, allowing the plaintiff to amend the complaint.

Advanced Usage

• "To file/sustain/overrule a demurrer": Common legal phrases describing the action of submitting, granting, or denying a demurrer.
  • The court overruled the demurrer, allowing the lawsuit to proceed to trial.

Variants and Related Words

• Demur (verb): To raise doubts or objections; to hesitate.
  • She demurred at the suggestion, citing a lack of evidence.
• Demurral (noun): The act of objecting or hesitating.
  • His demurral was noted in the meeting minutes.

Synonyms

• Objection: A statement or feeling of disapproval or opposition.
• Plea in bar: A legal plea that seeks to defeat the plaintiff's action entirely.
• Motion to dismiss: A request for the court to terminate a case, often on similar grounds as a demurrer.

Related Phrases

• General demurrer: A demurrer that objects to the entire pleading.
• Special demurrer: A demurrer that objects to a specific, defective part of a pleading.

Học thuật

Noun

1. a defendant's answer or plea denying the truth of the charges against him
   • he gave evidence for the defense
2. (law) any pleading that attacks the legal sufficiency of the opponent's pleadings
3. (law) a formal objection to an opponent's pleadings

Từ đồng nghĩa

• defense
• defence
• denial
• demur
• demurral