Legal Definitions - demur

To demur, in a legal context, means to raise a formal objection to a legal document filed by an opposing party, such as a complaint or a defense. When a party demurs, they are essentially saying, "Even if everything you've stated in your document is true, it does not present a valid legal claim or defense under the law."

It's a way to challenge the legal sufficiency of a pleading without having to dispute the facts themselves at that stage of the lawsuit. The party demurring accepts the alleged facts as true solely for the purpose of the legal argument, but argues that those facts, even if proven, do not entitle the opposing party to the relief they are seeking or do not constitute a legally recognized cause of action.

Here are some examples to illustrate this concept:

• Example 1: Contract Dispute

  Imagine a person sues their friend, claiming the friend breached a verbal agreement to give them a million dollars for good luck. The complaint details the conversation where the promise was made and the friend's subsequent refusal to pay.

  The friend's lawyer might demur. They would argue that even if the verbal agreement for "good luck" money happened exactly as described, it lacks fundamental legal elements of a contract (such as consideration or a clear offer/acceptance for a specific service or product) and therefore does not constitute a legally enforceable contract. The lawyer isn't denying the conversation took place; they are arguing that, even if it did, it doesn't form a legal basis for a lawsuit.

• Example 2: Property Nuisance Claim

  A homeowner sues their neighbor, alleging that the neighbor's extremely loud, nightly karaoke sessions are an "eyesore" and cause them severe emotional distress, demanding the neighbor stop. The complaint describes the noise levels and the homeowner's distress in detail.

  The neighbor's lawyer could demur. They would argue that even if the karaoke sessions are indeed loud and cause the homeowner distress as described, the law generally does not recognize "loud karaoke" as a legal nuisance or a basis for a claim of emotional distress that would require a court to intervene in this specific manner. The facts might be true, but they don't establish a legal wrong that the court can remedy.

• Example 3: Employment Termination

  An employee sues their former employer, claiming they were fired because their boss didn't like their taste in office decor. The complaint details the boss's negative comments about the employee's desk decorations and the subsequent termination.

  The employer's attorney might demur. While the boss's dislike of the decor and the termination might both be true, the attorney would argue that, in an "at-will" employment state, disliking an employee's office decor is not an illegal reason for termination. Unless the complaint alleges discrimination based on a protected characteristic (like race, gender, or religion) or a breach of an employment contract, the facts presented, even if true, do not establish a legally recognized wrongful termination claim.