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Simple English definitions for legal terms
demurrer to evidence
Read a random definition: critical legal theory
A quick definition of demurrer to evidence:
A demurrer to evidence is when someone in a court case says that the evidence presented is not enough to prove their case. If the other side agrees, then the jury is dismissed and the judge decides if the evidence is good enough or not. This means that the person making the demurrer is saying that even if all the evidence is true, it still doesn't prove their case.
A more thorough explanation:
Definition: Demurrer to evidence is an objection made by a party during a trial, stating that the evidence presented by the opposing party is legally insufficient to prove their case. When a demurrer to evidence is made, the jury is discharged, and the demurrer is entered on record and decided by the court. This objection admits the truth of all the evidence and the legal deductions from that evidence.
Example 1: During a trial, the defense attorney makes a demurrer to evidence, arguing that the prosecution has not presented enough evidence to prove their case beyond a reasonable doubt. The judge agrees and enters the demurrer on record, effectively ending the trial.
Example 2: In a civil case, the plaintiff presents their evidence, but the defendant makes a demurrer to evidence, claiming that the evidence presented is not enough to prove the plaintiff's case. The judge agrees and enters the demurrer on record, dismissing the case.
These examples illustrate how a demurrer to evidence can be used to challenge the sufficiency of evidence presented in a trial. It is a way for a party to argue that even if all the evidence presented is true, it is not enough to prove their opponent's case.