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LSDefine
Simple English definitions for legal terms
demurrer
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A quick definition of demurrer:
A demurrer is a way to challenge a complaint in a lawsuit. It says that even if everything the person suing says is true, there is no legal reason for them to win the case. For example, if someone sues because their coworker gave them a dirty look, that's not something the law can help with. So, the case would be dismissed with a demurrer. It's like saying "this case doesn't make sense" and asking the judge to throw it out.
A more thorough explanation:
A demurrer is a legal defense that challenges a complaint by stating that it should be dismissed because it does not contain enough facts to support a legal claim. In other words, even if everything in the complaint is true, it does not give the plaintiff a legal right to relief.
For example, if someone filed a complaint saying that their neighbor looked at them funny, this would not be a valid legal claim because there is no law against giving someone a strange look. Therefore, the defendant could file a demurrer to have the case dismissed.
The demurrer is also known as a "motion to dismiss" or a "12(b)(6) motion" because it is based on Rule 12(b)(6) of the Federal Rules of Civil Procedure, which allows a party to ask the court to dismiss a complaint for failure to state a claim upon which relief can be granted.