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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 cause...
- 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...
The legal term "demur" refers to an objection raised by a defendant in a civil lawsuit, challenging the legal sufficiency of the plaintiff's complaint or pleading. It is a way for the defendant to argue that even if the facts alleged by the plaintiff are true, they do not constitute a valid legal claim or cause of action.
Feb 25, 2008 · Administrators may be held liable if inadequate or improper training causes injury or violates a citizen’s constitutional rights. 1 The Court also made it clear that the basic police academy emphasizes law and discipline, but that such training alone is not enough.
Aug 27, 2015 · Definition of Demurrer. Noun. A response in a civil lawsuit which, while not disputing the truth of the allegations made by the plaintiff, claims there are no grounds to justify a lawsuit, or a cause of action within the lawsuit.
Jan 15, 2017 · In law, or at common law, an issue upon matter of law is called a ” demurrer: ” it confesses the facts to be true as stated by the opposite party, but denies that, by the law arising upon those facts, any injury is done to the plaintiff, or that the defendant has made out a legitimate excuse.
