demurrer

demurrer
demurrer1
/di merr"euhr/, n.
a person who demurs; objector.
[DEMUR + -ER1]
demurrer2
/di merr"euhr/, n.
1. Law. a pleading in effect that even if the facts are as alleged by the opposite party, they do not sustain the contention based on them.
2. an objection raised; demur.
[1525-35; < AF demur(r)er. See DEMUR, -ER3]
Syn. 2. dissent, challenge, protest, qualm, misgiving.

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In law, a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action.

In the U.S., demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states. A general demurrer challenges the sufficiency of the substance of an allegation, whereas a special demurrer challenges the structure or form of an allegation.

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law
      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 demurrer.

      In criminal law a demurrer is usually based upon some defect in an indictment or the claim that the facts presented do not constitute a felony (felony and misdemeanour) or other serious crime. In civil cases demurrers also are based often upon some error or omission. A general demurrer attacks the general substance of an indictment or plea; a special demurrer attacks its structure or form or one specific part of it.

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Universalium. 2010.

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  • demurrer — de·mur·rer /di mər ər/ n [Anglo French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay]: a plea in response to an allegation (as in a complaint or indictment) that admits… …   Law dictionary

  • Demurrer — De*mur rer, n. 1. One who demurs. [1913 Webster] 2. (Law) 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… …   The Collaborative International Dictionary of English

  • demurrer — legal pleading, 1530s, from Anglo Fr. demurrer, O.Fr. demorer to delay, retard (see DEMUR (Cf. demur)) …   Etymology dictionary

  • demurrer — [di mʉr′ər] n. [OFr demorer, to DEMUR: inf. used as n.] 1. a plea for the dismissal of a lawsuit on the grounds that even if the statements of the opposing party are true, they do not sustain the claim because they are insufficient or otherwise… …   English World dictionary

  • Demurrer — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… …   Black's law dictionary

  • demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… …   Black's law dictionary

  • demurrer — Synonyms and related words: answer, apostate, argument, beef, bitch, boycott, challenge, complaint, compunction, counterstatement, defense, demonstration, demur, demurral, denial, difficulty, dissenter, dissentient, dissident, exception,… …   Moby Thesaurus

  • demurrer — noun 1. /dəˈmɜrə/ (say duh merruh) someone who demurs; an objector. 2. /diˈmʌrə/ (say dee muruh) Law a pleading in effect that even if the facts are as alleged by the opposite party, they do not sustain the contention based on them: *Stephen, for …   Australian-English dictionary

  • demurrer — A method of raising an objection to the sufficiency in law of a pleading. 27 Am J2d Eq § 299; 41 Am J1st Pl § 204. While demurrers are abolished in many jurisdictions by statute, the abolition is superficial, being essentially one of terminology …   Ballentine's law dictionary

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