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Simple English definitions for legal terms
demurrant
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A quick definition of demurrant:
A demurrant is someone who says that even if everything the other person says is true, it's not enough to make a case. It's like saying "nice try, but you didn't quite make it." This used to be called a demurrer, but now it's usually called a motion to dismiss. It's a way for someone to ask the court to throw out a case before it even gets started.A more thorough explanation:
Definition: A demurrant is a party in a legal case who files a demurrer, which is a pleading 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 that does not contain enough information to support a legal claim, the defendant may file a demurrer stating that the complaint is insufficient and should be dismissed.
The demurrer is still used in a few states, including California, Nebraska, and Pennsylvania, although in most jurisdictions, such a pleading is now termed a motion to dismiss.
Examples:
- A defendant in a lawsuit files a demurrer stating that the plaintiff's complaint does not contain enough information to support a legal claim.
- A demurrant in a criminal case files a demurrer stating that the charges against them are insufficient and should be dismissed.
These examples illustrate how a demurrant uses a demurrer to challenge the sufficiency of a legal claim or charge.