Demurrer: meaning, definitions and examples

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demurrer

 

[dɪˈmɜːrər ]

Definition

Context #1 | Noun

legal context

A demurrer is a legal objection that challenges the sufficiency of a pleading. In essence, it asserts that even if the facts presented by the opposing party are true, they do not constitute a valid legal claim. This is commonly used in civil cases where one party believes the complaint lacks merit and wants to have it dismissed. A demurrer may be seen as a way to streamline legal proceedings by filtering out frivolous lawsuits before they go to trial.

Synonyms

challenge, dismissal, objection.

Examples of usage

  • The defendant filed a demurrer to contest the lawsuit.
  • After reviewing the complaint, the judge sustained the demurrer.
  • The attorney explained the grounds for the demurrer during the hearing.

Interesting Facts

Etymology

  • The term comes from the Old French word 'demorer', which means to delay or to stay.
  • In the legal context, it emerged in English law around the late 14th century to refer to objections in court.

Legal Context

  • A demurrer is often used at the start of legal proceedings to challenge the sufficiency of the opponent's case.
  • It allows a party to avoid a lengthy trial if the opposing claims can be invalidated without needing additional evidence.

Pop Culture

  • The concept of a demurrer can often appear in legal dramas, where a character might dramatically object to the merits of a case.
  • In contemporary storytelling, characters may use similar objections in negotiations or debates, reflecting the idea of questioning the grounds of arguments.

Psychology

  • Employing a demurrer in discussions can indicate critical thinking, showing those involved are evaluating arguments rather than accepting them blindly.
  • It can also create tension in discussions, revealing a conflict between opposing views that can lead to deeper analysis of the topic at hand.

Historical Significance

  • The use of demurrers has shaped the way legal arguments are structured, emphasizing the importance of clarity and validity in legal claims.
  • Historically, this term has helped streamline court processes by allowing judges to dismiss cases that lack legal support early on in proceedings.

Translations

Translations of the word "demurrer" in other languages:

🇵🇹 exceção

🇮🇳 विरोध

🇩🇪 Einrede

🇮🇩 tanggapan

🇺🇦 заперечення

🇵🇱 sprzeciw

🇯🇵 異議

🇫🇷 exception

🇪🇸 objeción

🇹🇷 itiraz

🇰🇷 이의

🇸🇦 اعتراض

🇨🇿 námět

🇸🇰 námietka

🇨🇳 异议

🇸🇮 ugovor

🇮🇸 andmæli

🇰🇿 қарсылық

🇬🇪 წინააღმდეგობა

🇦🇿 etiraz

🇲🇽 objeción