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Demurrer
DemurrerThis 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. RELATED TERMS-------------------------------------- Motion Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court Trial Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue. Judge An elected or appointed public official with authority to hear and decide cases in a court of law. Plaintiff The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Defendant A party who is sued in a personal action. Court A body in government to which the administration of justice is delegated. Petition An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is presented, for the redress of some wrong, or the grant of some favor, which the latter has the right to give. Right 1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself. Insufficiency What is not competent; not enough. Evidence Proof of fact(s) presented at a trial. The best and most common method is by oral testimony; where you have an eye-witness swear to tell the truth and to then relate to the court (or jury) their experience. Evidence is essential in convincing the judge or jury of your facts as the judge (or jury) is expected to start off with a blank slate; no preconceived idea or knowledge of the facts. So it is up to the opposing parties to prove (by providing evidence), to the satisfaction of the court (or jury), the facts needed to support their case. Besides oral testimony, an object can be deposited with the court (eg. a signed contract). This is sometimes called "real evidence." In other rarer cases, evidence can be circumstantial. States By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general. SIMILAR TERMS-------------------------------------- Demur To object for legal insufficiency; to interpose a demurrer. Demurrage Maritime law. The freighter of a ship is bound not to detain it, beyond the stipulated or usual time, to load, or to deliver the cargo, or to sail. Demurrer book English law. When an issue in law is formed, a transcript is made upon paper of all the pleadings that have been filed or delivered between the parties, which transcript is called the demurrer book PREVIOUS AND NEXT TERMS-------------------------------------- Demonstartive legacy A demonstrative legacy is a request of a certain sum of money; intended for the legatee at all events, with a fund particularly referred to for its payment; so that if the estate be not the testator's property at his death, the legacy will not fail: but be payable out of general assets. Demonstratio Latin. A showing, pointing out; designation, description, demonstration, q.v. Demonstration Whatever is said or written to designate a thing or person. Demur To object for legal insufficiency; to interpose a demurrer. Demurrage Maritime law. The freighter of a ship is bound not to detain it, beyond the stipulated or usual time, to load, or to deliver the cargo, or to sail. Demurrer Demurrer book English law. When an issue in law is formed, a transcript is made upon paper of all the pleadings that have been filed or delivered between the parties, which transcript is called the demurrer book Demy sangue Demy sangue or sanke. This is a barbarous corruption of, demi sang, half-blood. Demy sanke Demy sanke or sangue. This is a barbarous corruption of, demi sang, half-blood. Denarii An ancient general term for any sort of pecunia numerata, or ready money. Denarius dei A term used in some countries to signify a certain sum of money which is given by one of the contracting parties to the other, as a sign of the completion of the contract. We thank you for using the Juridical Dictionary to search for Demurrer. If you have a better definition for Demurrer than the one presented here, please let us know by making use of the suggest a term option. This definition of Demurrer may be disputed by other professionals. Our attempt is to provide easy definitions on Demurrer and any other medical topic for the public at large.
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