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Simple English definitions for legal terms

demurrant

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A quick definition of demurrant:

A demurrant is someone who says that even if everything the other person says is true, it's not enough to make a case. It's like saying "nice try, but you didn't quite make it." This used to be called a demurrer, but now it's usually called a motion to dismiss. It's a way for someone to ask the court to throw out a case before it even gets started.

A more thorough explanation:

Definition: A demurrant is a party in a legal case who files a demurrer, which is a pleading stating 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.

For example, if a plaintiff files a complaint that does not contain enough information to support a legal claim, the defendant may file a demurrer stating that the complaint is insufficient and should be dismissed.

The demurrer is still used in a few states, including California, Nebraska, and Pennsylvania, although in most jurisdictions, such a pleading is now termed a motion to dismiss.

Examples:

  • A defendant in a lawsuit files a demurrer stating that the plaintiff's complaint does not contain enough information to support a legal claim.
  • A demurrant in a criminal case files a demurrer stating that the charges against them are insufficient and should be dismissed.

These examples illustrate how a demurrant uses a demurrer to challenge the sufficiency of a legal claim or charge.

demurrage | demurrer book

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That's sweet. Again tho, unclear with Fedsoc tho. But u sounded like ur willing to go Fedsoc so ur set
lilypadfrog
20:31
yeah Tex is a fedsoc guy iirc
lilypadfrog
20:31
Is it really like no clerkship benefit at Chicago if you’re not conservative?
lilypadfrog
20:31
that seems crazy #tome
texaslawhopefully
20:32
No, at least from the two people I know there that’s false. I think it’s just something like Chicago for conservatives is on par with S whereas for liberals it’s below HYS but above CCNP
texaslawhopefully
20:32
I mean I think even the student body there only like 15 percent is part of fedsoc
It's more just not a good # for people who aren't willing to clerk conservative. I'm sure they place liberal clerks at an above average rate for a t-6 though. Maybe higher (not entirely sure)
texaslawhopefully
20:34
Page 14 has ideological splits by school: https://scholar.harvard.edu/files/msen/files/law-prof-ideology.pdf
texaslawhopefully
20:35
Chicago/UVA are more to the right but not by an exceedingly large difference
lilypadfrog
20:36
I feel like UVA doesn’t have that reputation the way Chicago does. That’s interesting. Thanks tex
yeah I've heard about uva being conservative
siroracle
20:48
Yeah it’s only 75 percent lib that’s pretty terrifying
Dkk
20:53
lmfao
20:59
@siroracle: funny cause true
@siroracle: don't you have a bridge to be under?
shouldn't you be collecting tolls
21:00
trolololol
atwatodbit
21:04
anyone know much about mich clerking
atwatodbit
21:05
ive tried to learn more about it but its hard to cut through stuff. numbers wise they look good?
21:06
this website is a good research tool for outcomes: https://app.lawhub.org/schools
atwatodbit
21:06
@llama: thanks!
21:06
yah
Dkk
21:10
Anyone else read the Antioch shooters manifesto today. Pretty crazy stuff.
21:14
sad
YRDSL
21:31
@texaslawhopefully: it's pretty funny how even in law journal articles people can't stop confusing Penn with Penn State
texaslawhopefully
21:40
lmfao I didn't even notice that
21:42
Yeah to penn Carey students I’m sure that is a
21:42
Those are fighting words
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