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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - objection in point of law
I object!... to how much coffee I need to function during finals.
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Definition of objection in point of law
An objection in point of law is a type of defensive pleading used by a defendant in a legal case. In this type of objection, the defendant admits the facts alleged by the plaintiff but argues that they do not make out a legal claim. This is also known as a demurrer.
For example, if a plaintiff sues a defendant for breach of contract, the defendant may file a demurrer arguing that even if all the facts alleged by the plaintiff are true, they do not amount to a breach of contract.
A demurrer is a type of pleading that states that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer. In some jurisdictions, such a pleading is now termed a motion to dismiss, but the demurrer is still used in a few states, including California, Nebraska, and Pennsylvania.
There are different types of demurrers, including:
- General demurrer
- Special demurrer
- Speaking demurrer
- Parol demurrer (historical)
Overall, an objection in point of law is a way for a defendant to challenge the legal sufficiency of a plaintiff's claim without disputing the facts alleged.
Law school is a lot like juggling. With chainsaws. While on a unicycle.
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Simple Definition
It's every lawyer's dream to help shape the law, not just react to it.
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