demurrer
C2Pronunciation
UK
- /dɪmˈɜːrə/
US
- /dɪmˈɜːrər/
Description
- legal objection
- challenge to a claim
- formal filing
- says the facts aren't enough
Picture a lawsuit where one side files a complaint. The other side may respond with a demurrer: "Even if all these facts are true, the law still doesn't give you a valid claim." A demurrer doesn't argue about what happened; it argues that the complaint, as written, doesn't add up to a legal case.
In places where the term is still used, a demurrer asks the court to dismiss the claim or require a clearer, better-structured complaint. Outside the courtroom, demurrer is uncommon, but you may see it in older or formal writing to mean a careful objection or a pause before agreeing.
A demurrer is, first of all, a legal move. It tells the judge, in effect: "Assuming the other side's facts are true, their complaint still doesn't state a claim the law recognizes." It's a way to challenge the legal basis of a lawsuit early on, without fighting over evidence.
Because it targets the wording and legal theory of the complaint, a demurrer focuses on what is on the page: missing required parts, unclear statements, or the wrong kind of claim. If the judge agrees, the claim may be dismissed, or the other side may be allowed to rewrite it and try again. Many modern systems use a "motion to dismiss" for a similar purpose, but the older term demurrer remains in some courts and contexts.
Outside of law, demurrer can show up (usually in a formal or old-fashioned tone) to mean an expressed objection or reluctance. Someone might "raise a demurrer" to a proposal, meaning they have a reasoned objection rather than an angry refusal. The related verb demur is more common in general writing: you demur when you hesitate or politely object.
Examples
- 1
Legal filing
The company's lawyers filed a demurrer, saying the complaint did not state a valid claim.
- 2
Court ruling
At the hearing, the judge rejected the demurrer and allowed the case to continue.
- 3
No protest
She accepted the extra work without demurrer, even though everyone knew it was unfair.
Phrase
without demurrer
without complaint or protest
Forms and spellings
1 form open this card.
Main spelling
- demurrernoun