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LSDefine

Simple English definitions for legal terms

Speaking demurrer

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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

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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