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Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.
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Legal Definitions - objection in point of law
It's every lawyer's dream to help shape the law, not just react to it.
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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.
The difference between ordinary and extraordinary is practice.
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Simple Definition
Justice is truth in action.
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