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التركية - الإنجليزية

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demurrer

{n} one who demurs, a stop in a lawsuit

A motion to dismiss a civil case because of the legal insufficiency of a complaint

{i} hesitater; protester, objector; objection (Law)

An allegation made by the defendant in a lawsuit that even if the facts as stated by the plaintiff are true, they do not state a sufficient cause for action

A stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to sustain the action or defense, and hence whether the party resting is bound to answer or proceed further

French demourer, to tarry, stay, hesitate: Latin de-morari, to delay fully, rest: mora, delay A declaration that "the party will go no further, because the other has not showed sufficient matter against him;" imports that the objector will wait the judgment of the court whether he is bound to proceed Leaves v Bernard, 5 Mod *132 (1696); 2 Ark 117 An admission of the fact, submitting the law to the court Havens v Hartford R Co , 28 Conn 89-92 (1859) The tender of an issue in law upon the facts established by the pleading Goodman v Ford, 23 Miss 595 (1852), Smith, C J In law, or at common law, an issue upon matter of law is called a "demurrer: " it confesses the facts to be true as stated by the opposite party, but denies that, by the law arising upon those facts, any injury is done to the plaintiff, or that the defendant has made out a legitimate excuse

Motion to dismiss

A pleading filed by the defendant which alleges that the complaint as filed is not sufficient to require an answer

The pleading of a defendant stating that, although the facts presented by a plaintiff may be true, as set forth they are insufficient to prove legal responsibility or obligation of the defendant

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

A formal statement which states that even if the other party's facts are true, there is no cause of action

A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer

someone who demurs or objects

(law) a formal objection to an opponent's pleadings

a defendant's answer or plea denying the truth of the charges against him; "he gave evidence for the defense"

In law, a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action. In the U.S., demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states. A general demurrer challenges the sufficiency of the substance of an allegation, whereas a special demurrer challenges the structure or form of an allegation

(law) any pleading that attacks the legal sufficiency of the opponent's pleadings

One who demurs

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