Simple English definitions for legal terms
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An objection in point of law is a type of defensive pleading used by a defendant in a legal case. In this type of objection, the defendant admits the facts alleged by the plaintiff but argues that they do not make out a legal claim. This is also known as a demurrer.
For example, if a plaintiff sues a defendant for breach of contract, the defendant may file a demurrer arguing that even if all the facts alleged by the plaintiff are true, they do not amount to a breach of contract.
A demurrer is a type of pleading that states 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. In some jurisdictions, such a pleading is now termed a motion to dismiss, but the demurrer is still used in a few states, including California, Nebraska, and Pennsylvania.
There are different types of demurrers, including:
Overall, an objection in point of law is a way for a defendant to challenge the legal sufficiency of a plaintiff's claim without disputing the facts alleged.