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Simple English definitions for legal terms
parol demurrer
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A quick definition of parol demurrer:
A parol demurrer is a legal term that means a statement made by a defendant in a court case. The defendant says that even if the facts in the plaintiff's complaint are true, they are not enough to prove the plaintiff's case. This is like saying, "Yes, what they said might be true, but it doesn't mean they have a good case." In some states, this is called a motion to dismiss. It's like hitting the pause button on the case until the judge decides if the plaintiff's case is strong enough to continue.A more thorough explanation:
Definition: Parol demurrer is a legal term that refers to a pleading made by a defendant stating 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.
For example, if a plaintiff files a complaint against a defendant, the defendant may file a parol demurrer stating that even if the facts alleged in the complaint are true, they do not provide sufficient grounds for the plaintiff to seek relief.
Parol demurrer is now commonly referred to as a motion to dismiss in most jurisdictions, but it is still used in a few states, including California, Nebraska, and Pennsylvania.
Examples:
- A defendant files a parol demurrer stating that even if the facts alleged in the complaint are true, they do not provide sufficient grounds for the plaintiff to seek relief.
- In a few states, including California, Nebraska, and Pennsylvania, a parol demurrer is still used instead of a motion to dismiss.
These examples illustrate how a parol demurrer is a legal pleading made by a defendant stating that the facts alleged in a complaint are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer.