Legal Definitions - demurrer

A demurrer is a legal motion filed by a defendant in a lawsuit. It argues that even if all the factual allegations made by the plaintiff in their complaint are assumed to be true, those facts do not, as a matter of law, establish a valid legal claim for which the court can grant relief. In essence, the defendant is saying, "Even if everything you claim happened, the law doesn't provide a remedy for it, so this lawsuit should be dismissed." This motion challenges the legal sufficiency of the complaint, not the truthfulness of its factual statements. In modern federal and many state court systems, this is often referred to as a "motion to dismiss for failure to state a claim upon which relief can be granted."

Here are some examples to illustrate this concept:

• Example 1: A person files a lawsuit against a local coffee shop, alleging that the barista smiled at them in a way that made them feel uncomfortable, and they are seeking monetary damages for emotional distress.

  Explanation: Even if the barista did smile in the manner described and the customer genuinely felt uncomfortable, the law generally does not recognize a "discomforting smile" as a basis for a legal claim for emotional distress or damages. There is no legal duty for a barista to smile in a specific way, nor a legal right for a customer to be free from any smile they find uncomfortable. A court would likely grant a demurrer, as the alleged facts, even if true, do not constitute a legally recognized wrong for which a remedy can be provided.

• Example 2: A homeowner sues their city government, claiming that the city's decision to plant oak trees instead of maple trees along their street has caused them aesthetic displeasure and a loss of enjoyment of their property.

  Explanation: While the city did make a decision about tree planting, and the homeowner may indeed dislike oak trees, there is typically no legal right for a private citizen to dictate the specific type of public landscaping chosen by a municipality, nor does aesthetic displeasure from public works usually give rise to a legally compensable claim. The complaint, even if factually accurate about the tree choice and the homeowner's feelings, fails to state a cause of action recognized by law.

• Example 3: An individual sues a former friend, claiming that the friend "betrayed their trust" by not attending their birthday party, and is seeking compensation for the emotional pain caused by this perceived betrayal.

  Explanation: While the friend may have indeed missed the party and the plaintiff may feel deeply hurt, the concept of "betrayal of trust" in a social context, without an underlying legal duty (like a contractual obligation or a fiduciary relationship), is not a legally recognized cause of action. The law does not provide remedies for social slights or emotional distress arising purely from personal disappointments, no matter how genuine the feelings. Therefore, a court would likely sustain a demurrer because the facts, even if true, do not establish a legal claim.