Demurrer: meaning, definitions and examples
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demurrer
[ dɪˈmɜːrər ]
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
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
Etymology
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.