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Demurrer

Index Demurrer

A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. [1]

46 relations: Affirmative defense, Allegation, Answer (law), Cause of action, Civil law (common law), Common law, Complaint, Counterclaim, Criminal law, Default judgment, Defendant, Discovery (law), Due process, Element (criminal law), English law, Federal judiciary of the United States, Federal Rules of Civil Procedure, Grand jury, Gregorian calendar, Hearing (law), Indictment, Judicial notice, Judiciary of Pennsylvania, Jurisdiction, Jury, Law of California, Lawsuit, Motion (legal), Motion to quash, Motion to strike (court of law), Objection (United States law), Party (law), Plaintiff, Pleading, Prejudice (legal term), Prosecutor, Public records, State court (United States), Strategy, Summary judgment, Supreme Court of California, Supreme Court of Ohio, Supreme Court of Virginia, United Kingdom, United States district court, Wrongful life.

Affirmative defense

An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.

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Allegation

In law, an allegation (also called adduction) is a claim of a fact by a party in a pleading, charge, or defense.

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Answer (law)

In law, an Answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem.

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Cause of action

A cause of action, in law, is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

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Civil law (common law)

Civil law is a branch of the law.

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Common law

Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.

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Complaint

In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).

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Counterclaim

In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another.

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Criminal law

Criminal law is the body of law that relates to crime.

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Default judgment

Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party.

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Defendant

A defendant is a person accused of committing a crime in criminal prosecution or a person against whom some type of civil relief is being sought in a civil case.

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Discovery (law)

Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions.

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Due process

Due process is the legal requirement that the state must respect all legal rights that are owed to a person.

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Element (criminal law)

Under United States law, an element of a crime (or element of an offense) is one of a set of facts that must all be proven to convict a defendant of a crime.

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English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

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Federal judiciary of the United States

The federal judiciary of the United States is one of the three co-equal branches of the federal government of the United States organized under the United States Constitution and laws of the federal government.

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Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure (i.e. for civil lawsuits) in United States district (federal) courts.

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Grand jury

A grand jury is a legal body empowered to conduct official proceedings and investigate potential criminal conduct, and determine whether criminal charges should be brought.

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Gregorian calendar

The Gregorian calendar is the most widely used civil calendar in the world.

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Hearing (law)

In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a Parliamentary committee.

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Indictment

An indictment is a formal accusation that a person has committed a crime.

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Judicial notice

Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known, or so authoritatively attested, that it cannot reasonably be doubted.

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Judiciary of Pennsylvania

The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania.

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Jurisdiction

Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law.

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Jury

A jury is a sworn body of people convened to render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.

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Law of California

The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law.

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Lawsuit

A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." A lawsuit is any proceeding by a party or parties against another in a court of law.

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Motion (legal)

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision.

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Motion to quash

A motion to quash is a request to a court to render a previous decision of that court or a lower judicial body null or invalid.

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Motion to strike (court of law)

A motion to strike is a request by one party in a trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court.

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Objection (United States law)

In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness's testimony or other evidence which would be in violation of the rules of evidence or other procedural law.

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Party (law)

A party is a person or group of persons that compose a single entity which can be identified as one for the purposes of the law.

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Plaintiff

A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court.

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Pleading

In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action.

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Prejudice (legal term)

Prejudice is a legal term with different meanings when used in criminal, civil or common law.

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Prosecutor

A prosecutor is a legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system.

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Public records

Public records are documents or pieces of information that are not considered confidential and generally pertain to the conduct of government.

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State court (United States)

In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state, as opposed to the federal government.

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Strategy

Strategy (from Greek στρατηγία stratēgia, "art of troop leader; office of general, command, generalship") is a high-level plan to achieve one or more goals under conditions of uncertainty.

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Summary judgment

In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.

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Supreme Court of California

The Supreme Court of California is the court of last resort in the courts of the State of California.

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Supreme Court of Ohio

The Supreme Court of Ohio is the highest court in the U.S. state of Ohio, with final authority over interpretations of Ohio law and the Ohio Constitution.

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Supreme Court of Virginia

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia.

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United Kingdom

The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed with some organisations, including the and preferring to use Britain as shorthand for Great Britain is a sovereign country in western Europe.

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United States district court

The United States district courts are the general trial courts of the United States federal court system.

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Wrongful life

Wrongful life is the name given to a legal action in which someone is sued by a severely disabled child (through the child's legal guardian) for failing to prevent the child's birth.

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Redirects here:

Demur, Demurred, Demurrers, Demurring, Demurs, Failure to state a claim.

References

[1] https://en.wikipedia.org/wiki/Demurrer

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