Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Speaking demurrer

Read a random definition: Chapter 20

A quick definition of Speaking demurrer:

A speaking demurrer is a type of legal objection that tries to introduce new evidence or information that is not included in the original legal document. This is not allowed because demurrers are based on the assumption that the facts presented in the document are true. Therefore, speaking demurrers are not valid and cannot be accepted by the court.

A more thorough explanation:

A speaking demurrer is a type of legal objection that goes beyond the contents of the pleading being challenged. It is an attempt to introduce new evidence or information that is not part of the record. Since demurrers assume that the factual allegations in the pleading are true, speaking demurrers cannot be sustained.

Let's say that a plaintiff files a complaint against a defendant, alleging that the defendant breached a contract by failing to pay for services rendered. The defendant files a demurrer, arguing that the plaintiff did not provide enough detail about the services rendered. This is a valid demurrer because it is based on the contents of the complaint.

However, if the defendant files a speaking demurrer, arguing that the plaintiff actually provided subpar services and therefore breached the contract first, this would not be a valid demurrer. This is because the defendant is introducing new evidence that is not part of the record.

Spam | Speaking objection

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
LSD+ is ad-free, with DMs, discounts, case briefs & more.