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Simple English definitions for legal terms
demurrable
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A quick definition of demurrable:
Term: Demurrable
Definition: Demurrable is a word used in law to describe a claim or pleading that can be challenged by a demurrer. A demurrer is a legal document that argues that even if the facts in a complaint are true, they are not enough to support a claim for relief. In some states, a demurrer is still used instead of a motion to dismiss. There are different types of demurrers, including general, special, and speaking demurrers. A special demurrer is an objection that questions the form of the pleading and states specifically the nature of the objection.
A more thorough explanation:
Definition: Demurrable (di-muh-ruh-buhl) is an adjective used to describe a claim or pleading that is subject to a demurrer. A demurrer is a legal pleading that states that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer.
Examples: A demurrable pleading is one that can be challenged by a demurrer. For example, if a plaintiff files a complaint that does not state a valid legal claim, the defendant can file a demurrer to challenge the complaint. In some states, such as California, Nebraska, and Pennsylvania, a demurrer is still used instead of a motion to dismiss.
Explanation: The term demurrable is used in the legal context to describe a claim or pleading that can be challenged by a demurrer. A demurrer is a legal pleading that challenges the legal sufficiency of a complaint. If a claim or pleading is demurrable, it means that it is vulnerable to being challenged by a demurrer. The examples illustrate how a demurrable pleading can be challenged by a demurrer in a legal case.