Admission by demurrer is a legal term referring to a situation in a court proceeding where a defendant, in response to a plaintiff’s claim, acknowledges the truth of the facts alleged by the plaintiff but argues that those facts do not constitute a valid legal claim. In other words, the defendant accepts the plaintiff’s version of events as true but asserts that even if the facts are accurate, they do not establish a legal cause of action. This admission by demurrer is typically made in the early stages of a lawsuit and allows the court to determine whether the plaintiff’s claim has a legal basis before proceeding with the case.
Admission by demurrer is a legal concept that refers to a situation where a defendant in a civil case admits the truth of the facts alleged by the plaintiff, but argues that those facts do not constitute a legal claim or cause of action.
In other words, when a defendant files a demurrer, they are essentially saying, “Even if everything the plaintiff alleges is true, they still have not stated a valid legal claim against me.” The defendant is not disputing the facts, but rather challenging the legal sufficiency of the plaintiff’s claim.
If the court agrees with the defendant’s demurrer, it means that the plaintiff’s claim is dismissed without the need for further proceedings. However, if the court disagrees and finds that the plaintiff has stated a valid legal claim, the demurrer is overruled, and the case will proceed to the next stage, such as discovery or trial.
Admission by demurrer is a procedural tool used by defendants to challenge the legal basis of a plaintiff’s claim early in the litigation process. It allows the court to determine whether the plaintiff has a valid cause of action before engaging in further proceedings, saving time and resources for both parties involved.
Q: What is Admission By Demurrer?
A: Admission By Demurrer is a legal term used in civil litigation. It refers to a defendant’s response to a complaint, where the defendant admits the truth of the facts alleged by the plaintiff but argues that those facts do not constitute a legal claim.
Q: How does Admission By Demurrer work?
A: When a defendant files an Admission By Demurrer, they are essentially saying, “Even if everything the plaintiff alleges is true, they still do not have a valid legal claim.” The court will then review the demurrer and decide whether to dismiss the case or allow the plaintiff to amend their complaint.
Q: What are the grounds for filing an Admission By Demurrer?
A: The defendant can file an Admission By Demurrer if they believe that the plaintiff’s complaint fails to state a cause of action, meaning it does not allege sufficient facts to support a legal claim. Other grounds may include lack of jurisdiction, statute of limitations, or failure to comply with procedural requirements.
Q: Can an Admission By Demurrer be filed at any stage of the litigation?
A: Generally, an Admission By Demurrer is filed early in the litigation process, usually in response to the plaintiff’s initial complaint. However, it can also be filed in response to an amended complaint or even during trial if new claims are introduced.
Q: What happens after a defendant files an Admission By Demurrer?
A: The court will review the demurrer and consider the arguments made by both parties. If the court agrees with the defendant’s demurrer, it may dismiss the case or give the plaintiff an opportunity to amend their complaint. If the court disagrees, it will overrule the demurrer, and the case will proceed.
Q: Can a demurrer be appealed?
A: Yes, if the court sustains the demurrer and dismisses the case, the plaintiff can usually appeal the decision. However, the grounds for appeal may be limited to legal issues related to the demurrer, such as whether the court correctly applied the law in dismissing the case.
Q: Is Admission By Demurrer the same as admitting guilt?
A: No, Admission By Demurrer is not an admission of guilt. It is a legal strategy used by defendants to challenge the legal sufficiency of the plaintiff’s claims, even if the facts alleged are assumed to be true.
Q: Can a plaintiff respond
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/admission-by-demurrer/
- Modern Language Association (MLA):Admission By Demurrer. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/admission-by-demurrer/.
- Chicago Manual of Style (CMS):Admission By Demurrer. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/admission-by-demurrer/ (accessed: May 09 2024).
- American Psychological Association (APA):Admission By Demurrer. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/admission-by-demurrer/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts