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Subject: что такое demurrer? gen. Расскажите, что такое demurrerВот контекст: Yet consider what is involved in a case where a demurrer to a plain- tiff's complaint is made and judicially affirmed. A demurrer is merely a legal way of saying that even if the charges of the complaint that a certain act took place are true there are no grounds for holding the defendant legally responsible. Legally speaking, the demurrer alleges that there is no " cause of action." In one such case' involving a demurrer the judge said, " It is clear from the most casual in- spection of the complaint that it does not state a cause of action. No act of negligence on the part of the defendant is alleged. It is alleged that the [street] car which struck the plaintiff was running at the rate of six miles an hour; also that the plaintiff heard no bell rung on the car; but there is no allegation that six miles an hour was an improper or unlawful rate of speed, or that no bell was in fact rung." |
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It is a pleading that admits an opponent's point but denies that it is relevant or valid argument (Collins). (Эта же мысль, но более развернутая и в данном тексте.) |
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