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单词 demurrers
释义

demurrer

1 of 2

noun (1)

de·​mur·​rer di-ˈmər-ər How to pronounce demurrer (audio)
-ˈmə-rər
1
: a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal action
2
: objection

demurrer

2 of 2

noun (2)

de·​mur·​rer di-ˈmər-ər How to pronounce demurrer (audio)
: one that demurs

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A demurrer is 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 In the US, demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states.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.

Synonyms

Noun (1)

  • challenge
  • complaint
  • demur
  • demurral
  • difficulty
  • exception
  • expostulation
  • fuss
  • kick
  • objection
  • protest
  • question
  • remonstrance
  • stink
See all Synonyms & Antonyms

Word History

Etymology

Noun (1)

Anglo-French demourer, verb

Noun (2)

demur entry 1

First Known Use

Noun (1)

circa 1521, in the meaning defined at sense 1

Noun (2)

1711, in the meaning defined above

Legal Definition

demurrer

noun

de·​mur·​rer di-ˈmər-ər How to pronounce demurrer (audio)
: a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance

Note: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for a more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction.

demurrer to the evidence
: a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to decide
general demurrer
: a demurrer that challenges the sufficiency of the substance of allegation
special demurrer
: a demurrer that challenges the structure or form of an allegation as uncertain or ambiguous

Note: A special demurrer must specify the defect in the allegation.

History and Etymology for demurrer

Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay

demurrers

noun

plural of demurrer
as in objections
a feeling or declaration of disapproval or dissent the only demurrer voiced by most music critics was that the piece was too short

Synonyms & Similar Words

Relevance
  • objections
  • exceptions
  • complaints
  • questions
  • remonstrances
  • protests
  • criticisms
  • challenges
  • demurs
  • expostulations
  • demurrals
  • difficulties
  • fusses
  • doubts
  • dissents
  • suspicions
  • stinks
  • disputes
  • qualms
  • compunctions
  • arguments
  • quibbles
  • cavils
  • misgivings
  • censures
  • quarrels
  • scruples
  • kicks
  • misunderstandings
  • rebellions
  • squabbles
  • uncertainties
  • debates
  • skepticism
  • statics
  • defiances
  • disobediences
  • reluctances
  • conflicts
  • reservations
  • distrust
  • mistrust
  • niggles
  • dubitations
  • indeterminations
  • misdoubts
  • dubieties
  • hassles
  • incertitudes

Antonyms & Near Antonyms

  • sanctions
  • approvals
  • assents
  • agreements
  • acceptances
  • compliances
  • acquiescences
  • obediences
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更新时间:2024/12/23 18:51:00