demurrer etymology

Etymology

Demurrer comes from the Old French word "demurer," meaning "to stay, delay, or hesitate."

Meaning

In law, a demurrer is a formal objection to a legal pleading that alleges that the pleading is legally insufficient. It can be used to object to pleadings that are:

  • Lacking in substance or facts to support the claim
  • Not stated clearly or coherently
  • Based on an incorrect legal theory

Origin

The concept of a demurrer originated in the English common law system. In the early days of law, pleadings were oral and informal. However, as the legal system became more complex, written pleadings became necessary. Demurrers were used to object to pleadings that were defective in form or substance.

Usage

Today, demurrers are still used in many legal systems around the world. They can be used in both civil and criminal cases. In the United States, demurrers are typically used in the early stages of a lawsuit, before any discovery has taken place. If a demurrer is granted, the court will dismiss the case or order the plaintiff to amend the pleading.

demurrer relate terms

  • moratorium

    Etymology The word moratorium comes from the Latin word moratorius which means del

  • demur

    Etymology The word demur comes from the Old French word demurer which means to dela

  • moratorium

    Etymology The word moratorium comes from the Latin word moratorius which means del

  • demurrer

    Etymology Demurrer comes from the Old French word demurer meaning to stay delay or

  • defense

    Etymology The word defense comes from the Middle French word defense c 1230 whic

  • denial

    Etymology The word denial derives from the Middle English denien deny which origi

  • Delian

    Etymology The name Delian comes from the Greek word Δήλιος Dḗlios which me

  • Aldine

    Etymology The word Aldine is derived from the Latin phrase Aldus Manutius which ref

  • trail

    Etymology The word trail comes from the Middle English word traile which is derived

  • trial

    Etymology The word trial comes from the Old French word triel which in turn is deriv

  • objection

    Etymology The word objection comes from the Latin word obicere which means to put

  • prosecution

    Etymology The word prosecution comes from the Latin word prosequi which means to fo

  • negotiation

    Etymology Middle English negotiacion from Anglo Norman French negociacion from Latin

  • sublime

    Etymology The word sublime is derived from the Latin word sublimis which means loft