Failure to state a claim

de·mur·rer (d

-mûr

r, -m

1. One that demurs; an objector.

2. An objection.

3. Law A method of objecting that admits the facts of the opponent's argument but denies that they sustain the pleading based upon them.

demurrer [dɪˈmʌrə]

1. (Law) Law a pleading that admits an opponent's point but denies that it is a relevant or valid argument

2. any objection raised

ThesaurusLegend: Synonyms Related Words Antonyms

Noun	1.	demurrer - (law) a formal objection to an opponent's pleadings demur, demurral objection - the speech act of objecting law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
	2.	demurrer - (law) any pleading that attacks the legal sufficiency of the opponent's pleadings pleading - (law) a statement in legal and logical form stating something on behalf of a party to a legal proceeding law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
	3.	demurrer - a defendant's answer or plea denying the truth of the charges against him; "he gave evidence for the defense" denial, defence, defense due process, due process of law - (law) the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards trial - (law) the determination of a person's innocence or guilt by due process of law; "he had a fair trial and the jury found him guilty"; "most of these complaints are settled before they go to trial" entrapment - a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

Translations

demurrer [dɪˈmʌrəʳ] N (Jur) → excepción f perentoria

Mentioned in	?		References in periodicals archive	?		Dictionary browser	?		Full browser	?
answer counterplea defence defense demur Demurrable demurral Demurrer to evidence denial dilatory plea due process due process of law entrapment General demurrer insanity plea Law objection plea plea of insanity	A trial judge dismissed the case for failure to state a claim, but the Ninth Circuit reversed in a 2-1 opinion, finding that "Lawrence requires something more than traditional rational basis review. Circuits split over military's 'don't ask, don't tell' policy by Walters, Cecily / Trial Editor's Note: In the District Court the defendants'motion was treated as a motion to dismiss for failure to state a claim on which relief could be granted. No common law right to sue for negligent credentialing--but by Tammelleo, A. David / Medical Law's Regan Report The court held that in determining, as a matter of law, whether the complaint alleged claims based on ordinary negligence, professional negligence, or both, the court had to construe the complaint under the test applied to motions to dismiss for failure to state a claim. GA: is expert opinion required in suit for fall? Yes--if licensed ... by Tammelleo, A. David / Hospital Law's Regan Report	Fahd Fahd ibn Abdel Aziz al-Saud Fahd ibn Abdul Aziz fahlband Fahlerz Fahlunite Fahr. Fahrenheit Fahrenheit scale Fahrenheit thermometer Fahrenheit, Gabriel Daniel FAI Faial Faidherbe faience faïence fail fail-safe fail-soft Failance failed failing faille failsafe failure Failure to state a claim fain faineance faineancy faineant fainéant Faineant deity fainites fáinne faint faint-hearted faint-heartedness fainthearted faintheartedness Fainting fainting fit Faintish Faintling faintly faintness faints Fainty fair fair and square fair ball fair catch	Failure to Maintain Proof of Financial Responsibility failure to maintain solvency failure to make a case failure to meet one’s obligations failure to meet the burden of proof failure to notice Failure to Obey Failure to Obtain Action Failure To Obtain Rating Failure To Pay Failure to Pay Fine failure to pay for work failure to pay on note failure to pay phone bill failure to present sufficient evidence failure to progress failure to progress Failure to release prisoner Failure to Render Assistance to the Sick and Injured Failure To Repair Failure to Report a Crime Failure to Rescue Failure to Return to Battery Failure To Return To Work failure to show in court Failure to state a claim Failure to Stop failure to thrive failure to thrive failure to thrive failure to thrive failure to thrive failure to thrive syndrome failure to thrive syndrome failure to thrive syndrome failure to thrive syndrome Failure to Train failure to understand Failure to Yield Failure To Yield Right Of Way Failure Tolerance/Redundancy Management Failure Tolerant Disk System Failure Tolerant Disk Systems Plus Failure Transition Distance Failure Transition Distance Biasing Failure Tree Analysis Failure Trend Analysis Failure unIT Failure's No Option Failure, Short Duration Failure-Based Maintenance Failure-Censored Accelerated Life Test Failure-Censored Reliability Failure-Data Analysis failure-directed testing Failure-Inducing Thread

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answer
counterplea
defence
defense
demur
Demurrable
demurral
Demurrer to evidence
denial
dilatory plea
due process
due process of law
entrapment
General demurrer
insanity plea
Law
objection
plea
plea of insanity

A trial judge dismissed the case for failure to state a claim, but the Ninth Circuit reversed in a 2-1 opinion, finding that "Lawrence requires something more than traditional rational basis review.

Circuits split over military's 'don't ask, don't tell' policy by Walters, Cecily / Trial

Editor's Note: In the District Court the defendants'motion was treated as a motion to dismiss for failure to state a claim on which relief could be granted.

No common law right to sue for negligent credentialing--but by Tammelleo, A. David / Medical Law's Regan Report

The court held that in determining, as a matter of law, whether the complaint alleged claims based on ordinary negligence, professional negligence, or both, the court had to construe the complaint under the test applied to motions to dismiss for failure to state a claim.

GA: is expert opinion required in suit for fall? Yes--if licensed ... by Tammelleo, A. David / Hospital Law's Regan Report

Failure to Maintain Proof of Financial Responsibility
failure to maintain solvency
failure to make a case
failure to meet one’s obligations
failure to meet the burden of proof
failure to notice
Failure to Obey
Failure to Obtain Action
Failure To Obtain Rating
Failure To Pay
Failure to Pay Fine
failure to pay for work
failure to pay on note
failure to pay phone bill
failure to present sufficient evidence
failure to progress
failure to progress
Failure to release prisoner
Failure to Render Assistance to the Sick and Injured
Failure To Repair
Failure to Report a Crime
Failure to Rescue
Failure to Return to Battery
Failure To Return To Work
failure to show in court

Failure to state a claim

Failure to Stop
failure to thrive
failure to thrive
failure to thrive
failure to thrive
failure to thrive
failure to thrive syndrome
failure to thrive syndrome
failure to thrive syndrome
failure to thrive syndrome
Failure to Train
failure to understand
Failure to Yield
Failure To Yield Right Of Way
Failure Tolerance/Redundancy Management
Failure Tolerant Disk System
Failure Tolerant Disk Systems Plus
Failure Transition Distance
Failure Transition Distance Biasing
Failure Tree Analysis
Failure Trend Analysis
Failure unIT
Failure's No Option
Failure, Short Duration
Failure-Based Maintenance
Failure-Censored Accelerated Life Test
Failure-Censored Reliability
Failure-Data Analysis
failure-directed testing
Failure-Inducing Thread

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