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Simple English definitions for legal terms
objection in point of law
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A quick definition of objection in point of law:
An objection in point of law is when the defendant admits the facts but says that they don't make a legal claim. It's like saying, "Yes, what they're saying is true, but it's not against the law." This is called a demurrer, which means waiting for the court to decide if the case can continue. Sometimes, this objection can be made orally, but usually, it has to be written down. There are different types of demurrers, but they all mean that the defendant thinks the plaintiff's case is not good enough to go to trial.A more thorough explanation:
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:
- General demurrer
- Special demurrer
- Speaking demurrer
- Parol demurrer (historical)
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.