Demurrer Meaning: Definition, Examples, and Translations
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demurrer
[dɪˈmɜːrər ]
Definition
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.
Translations
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Interesting Facts
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.
Origin of 'demurrer'
Main points about word origin
- 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.
The term 'demurrer' originates from the Middle English word 'demurren', meaning to delay or to hinder. Its roots can be traced back to the Latin word 'demorari', which means to tarry or linger. Historically, it was used in the legal context to indicate a delay in the proceedings due to the questioning of the legal grounds of a case. In the English legal system, it emerged in the 15th century and became a formalized part of the procedural law. Over time, the term has remained relevant in legal jargon, especially concerning motions to dismiss. As legal complexities have evolved, so too has the role of the demurrer, adapting to various procedural rules and practices in courts across different jurisdictions.