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- 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 can't be used to convict him or her.
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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 can't be used to convict him or her.
A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases.
Nov 21, 2023 · A demurrer in the legal sense is a defense that does not refute the true allegations made in the court of law, but rather claims the evidence presented is not sufficient enough to establish a...
- Sammy receives a legal complaint from his ex-wife stating that he violated an order under the statute that prohibits a violation to the terms regar...
- A demurrer can raise reluctance or doubt in a legal case. This can lead to a dismissal of the case, saving the defendant and the court time from le...
- Filing a demurrer means making an objection to a plaintiff's complaint. This does not refute the true allegations of the complaint, but claims that...
- A demurrer is usually filed in a state court, while a motion to dismiss is filed in a federal court. A motion to dismiss is usually filed pre-trial...
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.
- The Editors of Encyclopaedia Britannica
Aug 27, 2015 · The legal term demurrer refers to a written response to a civil lawsuit which asks the judge to dismiss the case as, even if the facts complained of by the Plaintiff in the lawsuit were true, there is no legal basis for a lawsuit.
In a courtroom context, a demurrer is a formal objection to a point in a pleading, claiming that even if the facts presented by the opposing party are true, they do not constitute a valid cause of action. Demur Explained. A demurrer challenges the legal sufficiency of a complaint or claim without addressing the facts themselves.
An allegation of a defendant, which, admitting the matters of fact alleged by the bill to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the defendant to answer; or that, for some reason apparent on the face of the bill, or on account of the omission of some matter which oug...
