ADMISSION BY DEMURRER Meaning and
Definition
-
Admission by demurrer is a legal term used in the context of civil procedure, specifically in common law jurisdictions. It refers to a process in which a defendant in a lawsuit admits to the factual allegations made by the plaintiff but seeks a legal ruling to dismiss the case based on the premise that even if all the facts as alleged are true, the plaintiff has failed to present a valid legal claim.
In essence, admission by demurrer is a way for the defendant to challenge the legal sufficiency of the plaintiff's case without denying the truth of the facts alleged. It allows the defendant to concede the truth of the facts but argues that they do not give rise to a legally cognizable cause of action.
Typically, admission by demurrer occurs in the early stages of a lawsuit, often after the plaintiff has filed their complaint and before any further proceedings, such as discovery or trial, take place. It allows the court to narrow down the issues in dispute and potentially dismiss a case without going through a full trial.
The court will consider the legal arguments made by both parties and determine whether the plaintiff's claim should be dismissed based on the defendant's demurrer. If the court accepts the demurrer, it can result in the case being dismissed, with the plaintiff having the opportunity to amend their complaint or appeal the decision.
