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Simple English definitions for legal terms
demur
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A quick definition of demur:
Term: demur
Definition: Demur means to object or challenge something formally. In legal terms, it refers to raising an objection through a demurrer. This is done when someone disputes a statement of alleged facts in a pleading. A demurrer is a formal response that admits the facts to be true but argues that no specific cause of action or defense is found within the allegations.
A more thorough explanation:
Definition: To demur is to formally object or challenge a pleading in a legal case. This is done through a demurrer, which is a formal response to the pleading. The demurrer admits the alleged facts to be true, but argues that no specific cause of action or defense is found within the pleading's allegations.
- During the trial, the defense attorney demurred to the prosecution's evidence, arguing that it did not prove their client's guilt beyond a reasonable doubt.
- The plaintiff's lawyer filed a demurrer, claiming that the defendant's pleading did not state a valid cause of action.
These examples illustrate how a demur is used in a legal context to challenge the validity of a pleading or evidence presented in a case. By filing a demurrer, a party is essentially saying that the other side has not provided enough evidence or legal basis to support their argument.