When the going gets tough in the legal world, a demurrer might seem like a convenient way out. But what exactly is a demurrer and how can it help in a legal dispute?
In its simplest terms, a demurrer is an argument made on legal grounds against the merits of a plaintiff’s claim. A defendant will demur, or “object,” to the plaintiff’s claim by saying that the legal requirements necessary to prove the claim are not met.
How Does Demurrer Work?
A demurrer is a legal motion made by a defendant to challenge the sufficiency of a plaintiff’s complaint. It’s essentially an objection raised in court by the defendant against the plaintiff’s claims. The objection can be argued based on the facts or the elements of the plaintiff’s complaint.
If the court decides that the defendant’s demurrer is valid, then the plaintiff’s claims will be thrown out. This does not mean, however, that the case is over for good. The plaintiff can still pursue the case if they have evidence that meets the necessary legal requirements to prove their claim.
Is Demurrer Allowed in Cases?
Demurrer is allowed in some cases but not all. Generally speaking, demurrer is most likely to be allowed in civil cases, such as contract disputes and personal injury cases. Demurrers are typically not allowed in criminal cases or even in some complicated business cases.
Demurrer can be a valuable tool to use in disputes, but understanding the legal system and the relevant laws is key to being successful with it. A demurrer should only be used in cases where the legal requirements needed to prove a plaintiff’s claim are not met.