What does Demurrer mean?

Definitions for Demurrer
dɪˈmɜr ərde·mur·rer

This dictionary definitions page includes all the possible meanings, example usage and translations of the word Demurrer.

Princeton's WordNet

  1. demur, demurral, demurrernoun

    (law) a formal objection to an opponent's pleadings

  2. demurrernoun

    (law) any pleading that attacks the legal sufficiency of the opponent's pleadings

  3. defense, defence, denial, demurrernoun

    a defendant's answer or plea denying the truth of the charges against him

    "he gave evidence for the defense"

Wiktionary

  1. demurrernoun

    someone who demurs or objects

  2. demurrernoun

    A motion by a party to an action, for the immediate or summary judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further.

Samuel Johnson's Dictionary

  1. Demurrernoun

    A kind of pause upon a point of difficulty in an action; for, in every action, the controversy consists either in the fact, or in the law: if in the fact, that is tried by the jury; if in law, then is the case plain to the judge, or so hard and rare, as it breedeth just doubt. I call that plain to the judge, wherein he is assured of the law; and in such case the judge, with his associates, proceeds to judgment without farther work. But when it is doubtful to him and his associates, then is there stay made, and a time taken, either for the court to think farther upon it, and to agree, if they can; or else for all the justices to meet together in the Chequer-chamber, and, upon hearing that which the serjeants can say of both parts, to advise, and set down as law, whatsoever they conclude firm, without farther remedy. John Cowell

    Etymology: demeurer, French; i. e. manere in aliquo loco vel morari.

    A prohibition was granted, and hereunto there was a demurrer. John Ayliffe, Parergon.

Wikipedia

  1. Demurrer

    A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading.Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. 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. Today, however, the pleading has been discontinued in many jurisdictions, including the United Kingdom, the U.S. federal court system, and most U.S. states (though some states, including California, Pennsylvania, and Virginia, retain it). In criminal cases, a demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead "not guilty," or make any other pleading in response, without having to admit or deny any of the facts alleged. A demurrer generally assumes the truth of all material facts alleged in the complaint, and the defendant cannot present evidence to the contrary, even if those facts appear to be obvious fabrications by the plaintiff or are likely to be easily disproved during litigation. That is, the point of the demurrer is to test whether a cause of action or affirmative defense as pleaded is legally insufficient, even if all facts pleaded are assumed to be true. The sole exception to the no-evidence rule is that a court may take judicial notice of certain things. For example, the court can take judicial notice of commonly known facts not reasonably subject to challenge, such as the Gregorian calendar, or of public records, such as a published legislative report showing the intent of the legislature in enacting a particular statute.

ChatGPT

  1. demurrer

    A demurrer is a legal term referring to a formal response or objection presented by the defendant in court, challenging the legal sufficiency or validity of a claim made in a complaint by the plaintiff. It asserts that even if the facts presented in the claim are true, there is no viable legal ground for a lawsuit. This action may potentially result in the case being dismissed.

Webster Dictionary

  1. Demurrernoun

    one who demurs

  2. Demurrernoun

    a stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further

Wikidata

  1. Demurrer

    A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying, "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a claim, cause of action, or to the defenses set forth in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be "thrown out" with a demurrer as not legally sufficient. 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. At common law, a demurrer was the pleading through which a defendant would challenge legal sufficiency of a complaint in criminal or civil cases, but today the pleading has been discontinued in many jurisdictions, including the United Kingdom and the U.S. federal court system. In criminal cases, a demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead "not guilty", or make any other pleading in response, without having to admit or deny any of the facts alleged.

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Numerology

  1. Chaldean Numerology

    The numerical value of Demurrer in Chaldean Numerology is: 3

  2. Pythagorean Numerology

    The numerical value of Demurrer in Pythagorean Numerology is: 3

Popularity rank by frequency of use

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Translations for Demurrer

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"Demurrer." Definitions.net. STANDS4 LLC, 2024. Web. 24 Apr. 2024. <https://www.definitions.net/definition/Demurrer>.

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    cause to be embarrassed; cause to feel self-conscious
    A embellish
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