demurrer
C2/Advanced (Legal); Very Low (General)Formal, Legal
Definition
Meaning
A formal objection or exception raised in response to an opponent's legal pleading, alleging that even if the facts claimed are true, they do not suffice to sustain the claim or case.
In general usage, it can refer to an objection, a protest, or a reluctance to proceed; a person who objects or raises doubts.
Linguistics
Semantic Notes
Primarily a legal term of art. In common law systems, it was a procedural mechanism to challenge the legal sufficiency of a pleading. Its general use is rare and often stylistic, implying a formal, reasoned objection.
Dialectal Variation
British vs American Usage
Differences
The term is recognisable in both UK and US legal contexts, though its procedural use has been largely abolished or replaced by modern rules (e.g., a motion to dismiss for failure to state a claim in the US). It survives more as a historical/doctrinal term.
Connotations
Connotes formality, technical legal argument, and a procedural challenge. In general use, it can sound archaic or deliberately erudite.
Frequency
Extremely low frequency outside legal textbooks, historical cases, or very formal writing.
Vocabulary
Collocations
Grammar
Valency Patterns
The defendant [filed/entered] a demurrer.The court [sustained/overruled] the demurrer.A demurrer [was raised/was lodged] on the grounds of...to demurrer to something (archaic)Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Usage
Context Usage
Business
Virtually never used. Potential misuse as a fancy synonym for 'objection' in negotiations.
Academic
Used in legal history, jurisprudence, and analysis of court procedures.
Everyday
Extremely rare. Would likely confuse most listeners.
Technical
Core term in certain historical or comparative legal studies; occasionally in surviving statutory interpretation.
Examples
By Part of Speech
noun
British English
- The demurrer was heard before a master of the Queen's Bench.
- His barrister entered a demurrer, arguing the claim disclosed no cause of action.
American English
- The defence counsel filed a demurrer, which the judge overruled.
- Under the old code pleading, a demurrer was a common first response.
Examples
By CEFR Level
- The lawyer's demurrer was a technical argument that the case should not proceed.
- The court sustained the defendant's demurrer, finding the plaintiff's complaint legally insufficient on its face.
- He was the lone demurrer in the committee, voicing a principled objection to the rushed proposal.
Learning
Memory Aids
Mnemonic
Think: 'DEfendant MURmurs an objection and ERRs on the side of caution by filing a DEMURRER.'
Conceptual Metaphor
LAW IS COMBAT (raising a demurrer is launching a defensive manoeuvre against the opponent's legal 'attack').
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- False friend: Not related to 'деморализация' (demoralization). The closest conceptual legal equivalent might be 'возражение по существу иска' or a procedural 'ходатайство об отклонении иска'.
Common Mistakes
- Using it as a common synonym for 'doubt' or 'hesitation'.
- Misspelling as 'demurer' (which is a comparative adjective meaning 'more modest').
- Confusing it with the verb 'demur' (to raise doubts).
Practice
Quiz
In modern American procedure, a 'demurrer' is most closely analogous to a:
FAQ
Frequently Asked Questions
Not exactly. In legal terminology, it is a specific type of formal objection to the legal adequacy of a pleading. In general use, it can be a stylistic choice for 'objection', but it carries archaic and formal connotations.
No. The related verb is 'demur' (to raise doubts or objections). 'Demurrer' is exclusively a noun.
No. It is a highly specialised legal term. Most native speakers would not be familiar with it or would recognise it only from historical legal dramas or complex texts.
A general demurrer objects that the pleading is insufficient in law (e.g., doesn't state a legal claim). A special demurrer objects to a defect in form (e.g., vagueness, ambiguity).