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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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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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