Demurrer: meaning, definitions and examples
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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.
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