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What is a demurrer in Criminal Court?
What does filing a demurrer mean?
What does a ruling on a demurrer mean?
What is a demurrer to a complaint?
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, in criminal court, is an objection to the validity of the prosecutor’s complaint (alleged criminal charges). The alleged invalidity of the prosecutor’s complaint may be based upon several grounds, including the following defects in a criminal complaint:
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.
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 · 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.
Mar 21, 2019 · Demurrer is a legal way of rejecting a claim without addressing the factual allegations contained within it. To demur to a civil lawsuit, a defendant essentially argues that even if the allegations are true, there is no legitimate legal claim.
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...
