Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

speaking demurrer :: legal definition


Speaking demurrer - n. an attempt to introduce evidence during a hearing on a demurrer. A demurrer is a legal opposition to a complaint in a lawsuit (or to an answer), which says, in effect, that even if the factual claims (allegations) are true, there are legal flaws or failures in the lawsuit. Therefore, since the factual allegations are admitted for the sake of argument, introducing evidence is improper, and an attorney making a "speaking demurrer" will be halted, often in mid-argument. Example: Attorney Perry Pickwick files a demurrer to a complaint for damages due to medical malpractice, in which he argues that the suit was filed too late (after the time allowed by the statute of limitations) since the complaint itself stated the malpractice took place more than three years before the filing and the limitation by law is two years. However, the complaint also stated that the plaintiff Elsa Edwards did not discover the resulting problems until much later, and therefore, she had extra time. Faced with this counterargument, Pickwick attempts a "speaking demurrer" by arguing, "we have a letter in which plaintiff Edwards complained about pain right after the operation."

See also: demurrer and Related Law Terms ↓


Related Law Terms

abuse of process :: n. the use of legal process by illegal, malicious, ... ly correct the error and apologize.
acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service
actual controversy :: n. a true legal dispute which leads to a genuine l ... al outcome. See also: friendly suit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adultery :: n. consensual sexual relations when one of the par ... s and grist for scandal newspapers.
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
allegation :: n. a statement of claimed fact contained in a comp ... sure of a fact. See also: complaint
allege :: v. to claim a fact is true, commonly in a complain ... or any claim. See also: allegation
American Bar Association :: n. the largest organization of American lawyers, w ... go, IL 60611; tel.: (312) 988-5522.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
attorney :: n. 1) an agent or someone authorized to act for an ... ialize. See also: court reciprocity
Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil law :: n. 1) a body of laws and legal concepts which come ... generic term for non-criminal law.
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count
complainant :: n. a person or entity who begins a lawsuit by fili ... lso: complaint petitioner plaintiff
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant.
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
disbar :: v. to remove an attorney from the list of practici ... legal ethics. (See moral turpitude
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
District Attorney (D.A.) :: n. an elected official of a county or a designated ... dent and serve at his/her pleasure.
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fruit of the poisonous tree :: n. in criminal law, the doctrine that evidence dis ... property. See also: Miranda warning
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
marriage :: n. the joining of a male and female in matrimony b ... of time without legal formalities.
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
procedure :: n. the methods and mechanics of the legal process. ... cases are tried and judgments made.
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service by mail :: n. mailing legal pleadings to opposing attorneys o ... attorney by mail. See also: service
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - S

said :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."
sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale
salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck.
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage
save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify
savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market.
scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent.
scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment.
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license.
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny.
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder