Objection made by one party to his opponent's pleading, alleging that he should not be required to answer because of some defect in the pleading.
Motion by the defendant for the civil court to dismiss a motion for summary judgment. If granted, the plaintiffs loses the right to proceed with the civil action.
(law) a formal objection to an opponent's pleadings
(law) any pleading that attacks the legal sufficiency of the opponent's pleadings
a defendant's answer or plea denying the truth of the charges against him; "he gave evidence for the defense"
a challenge to the sufficiency of a legal pleading -- in other words, it is the equivalent of saying that the indictment itself is not legal
a formal objection attacking the legal sufficiency of an opponent's pleadings
a form of pleading used to challenge the legal sufficiency of an adversary's petition
a legal opposition to a complaint in a lawsuit (or to an answer), which says, in effect, that even if the factual claims (allegations) are true, there are legal flaws or failures in the lawsuit
a motion brought by a defendant to challenge a defective complaint
an assertion that the case as a matter of law has no merit, and hence should not be heard
a paper or "motion" typically filed by a defendant in response to a complaint filed by the plaintiff
a pleading that challenges the sufficiency of the complaint, cross-complaint or answer
a pleading used to test the legal sufficiency of other pleadings, i
a plea to dismiss charges
A common-law procedural method by which the defendant admits all the facts alleged in the plaintiffs complaint but denies that such facts state a cause of action.
a legal response that a tenant can file in an unlawful detainer lawsuit to test the legal sufficiency of the charges made in the landlord's complaint.
Defendant's claim that even if the allegations in a complaint are true, they are not sufficient to impose any liability on the defendant.
A traditional form of pleading in reply, alleging that the opponent’s plea was misconceived in law.
A request made to a court, asking it to dismiss a lawsuit on the grounds that no legal claim is asserted.
A pleading filed in response to a complaint or lawsuit. The demurrer assumes that everything alleged in the complaint is true and contends that even if the plaintiff proves everything he claims true, he will still lose the suit. Although demurrers are often sustained the court will usually allow the plaintiff the opportunity to amend the complaint to make it better.
A pleading stating that although the facts alleged in a complaint may be true, they do not state a legal cause of action, and thus do not require an answer from the defendant. Today, such a pleading is termed a motion to dismiss.
When a defendant says that even if facts presented by the plaintiff are true, they aren't enough to prove the defendant is legally responsible.
(dih MUR rer) Motion still used in Pennsylvania to dismiss a civil case because the complaint is legally insufficient. In most states this is now called a motion to dismiss.
A motion put to a trial judge by the defendant, asking the court to reject the petition of the plaintiff because of a lack of basis in law or insufficient evidence . This occurs after the plaintiff has completed his or her case. The defendant is neither objecting to the facts presented nor responding by a full defense. This motion has been abolished in many states and, instead, any such arguments are to be made while presenting a regular defense to the petition.
Motion for court to either order pleadings be clarified or struck.
an historical term for what the defendant asserts to challenge whether the plaintiff has stated a legally sufficient claim. Now handled by the Rule 12(b) motion to dismiss for failure to state a claim.
A pleading filed by the defendant stating that the plaintiff's complaint should be dismissed even without an answer.
The motion to dismiss a lawsuit on the grounds that, although the opposition statements may be true, they are insufficient to prove legal responsibility or obligation.
This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence. This motion has been been abolished in many states and, instead, any such arguments are to be made while presenting a regular defence to the petition.
In common law civil procedure, a demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint without admitting or denying the allegations therein.