demurrer

Definition

A pleading asserting that even if all facts alleged are true, they don't constitute a valid legal claim. It's the legal equivalent of 'so what?'—conceding facts while denying their legal significance.

Example Usage

The defendant filed a demurrer arguing that the complaint failed to state a claim upon which relief could be granted.

Origin

From Old French 'demourer' meaning 'to wait' or 'delay'

Fun Fact

Federal courts replaced demurrers with motions to dismiss in 1938, but some state courts still use the term, keeping legal Latin alive for another generation.

Source: Historical pleading practice and state civil procedure codes

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