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Demurrer - Definition and Overview |
| Related Words: Apostate, Argument, Beef, Bitch, Boycott, Challenge, Complaint, Defense, Demonstration, Denial, Dissenter, Dissident, Exception, Grievance, Howl, Kick, March, Nonconformist |
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In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint.
In U.S. federal court practice under the Federal Rules of Civil Procedure, the demurrer has been replaced by the Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. The same is also true in most U.S. state court systems. Demurrers are still used in California state court civil practice. The term preliminary objection is used for a similar procedural device in Pennsylvania state court.
In criminal cases, a demurrer may be used in some circumstances to challenge the legal sufficiency of the indictment or other similar charging instrument.
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Example Usage of Demurrer |
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MattAttacca: What do you call the separation of different races? A) Lynching B) Grandpa Clause C) Demurrer D) Segregation. Someone chose option A. It's D |
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