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Simple English definitions for legal terms

failure to state a claim

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A quick definition of failure to state a claim:

Failure to state a claim: This means that even if everything someone says in a complaint is true, it might not be enough to prove that something wrong happened. If this happens, the case might be dismissed. This is called a defense and is used in federal civil cases. It used to be called a demurrer before the Federal Rules of Civil Procedure were created.

A more thorough explanation:

Definition: Failure to state a claim is a defense used in a legal case where the defendant argues that even if all the facts presented in the plaintiff's complaint are true, they do not establish a valid legal claim and the case should be dismissed.

For example, if someone sues their neighbor for being annoying, but there is no law against being annoying, the defendant could argue that the plaintiff has failed to state a valid legal claim.

This defense is typically raised through a motion to dismiss, which is a request to the court to dismiss the case before it goes to trial. In federal court, this motion is made under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Before the adoption of the Federal Rules of Civil Procedure, this defense was known as a demurrer.

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GreyCeaselessMammoth
10:41
oh that's interesting, is your skin more resistant to the sun??
JumpySubsequentDolphin
10:42
@GreyCeaselessMammoth: there isn’t much sun here ☹️
10:42
shaq is rite, gotta stay on top if this shit.
PuppyBot
10:42
pigmentation reduces vitamin D production in the skin
JumpySubsequentDolphin
10:42
also yeah Arabs are like perpetually vit d deficient. we get those big bulk pill bottles for everyone in my family
GreyCeaselessMammoth
10:43
that's so interesting, i have a lot of arab family but i haven't heard of that
GreyCeaselessMammoth
10:43
i guess it makes sense
JumpySubsequentDolphin
10:43
@shaquilleoatmeal: I still think that would hurt my stomach
lilypadfrog
10:43
@shaquilleoatmeal: quarterly is crazy I haven’t gotten a physical in over three years
PuppyBot
10:43
median vitamin D intakes of American blacks are below recommended intakes in every age group, with or without the inclusion of vitamin D from supplements.
JumpySubsequentDolphin
10:43
@GreyCeaselessMammoth: NO WAY!! from where mammoth
GreyCeaselessMammoth
10:44
egypt! wa usratik mineyn?
indian people are also vitamin d deficient lolol
cumsock
10:44
i want a burgerrrrrrrrrr cheesy burger double patty bacon pickles
10:44
i am vitamin d deficient lol
PuppyBot
10:44
no pickles
JumpySubsequentDolphin
10:45
@GreyCeaselessMammoth: I LOVE EGYPTIAN ARABIC IT KILLS ME
JumpySubsequentDolphin
10:45
im palestinian
shaquilleoatmeal
10:45
@lilypadfrog: lmao, i get vo2 testing done at a lab and they offer it so i just do it. Also wtf havent u gotten a physical in so long?!
GreyCeaselessMammoth
10:45
JUMPYYYY we're neighbors!!
cumsock
10:45
what if ur irish and u are pale enough to reflect light does that mean ur deficient
@GreyCeaselessMammoth: i eat mostly whole foods now on my day to day and its the best
PuppyBot
10:45
maybe. i also burn. so i dont get how im deficient
GreyCeaselessMammoth
10:46
well i'm white but my stepdad is egyptian so i've been there a bunch and raised in a multi-gen egyptian household
10:47
Bio Chemistry is odd, some ppl just cannot absorb certain nutrients/vits. Like some calcium deficient ppl actually loose more calcium when they increase intake.
10:48
also some ppl are hyper sensitive to hormones/vit/nutrients.
JumpySubsequentDolphin
10:48
@GreyCeaselessMammoth: love my masris
JumpySubsequentDolphin
10:48
@PuppyBot: I burn bad i don’t get it either
cumsock
10:49
i burn worse
shaquilleoatmeal
10:49
deficiencies are one thing, what scares me the most is if i ever became antibiotic resistant
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