MrThickRopes
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LSDefine
Simple English definitions for legal terms
failure to state a claim
Read a random definition: toxic tort
A quick definition of failure to state a claim:
Failure to state a claim: This means that even if everything someone says in a complaint is true, it might not be enough to prove that something wrong happened. If this happens, the case might be dismissed. This is called a defense and is used in federal civil cases. It used to be called a demurrer before the Federal Rules of Civil Procedure were created.
A more thorough explanation:
Definition: Failure to state a claim is a defense used in a legal case where the defendant argues that even if all the facts presented in the plaintiff's complaint are true, they do not establish a valid legal claim and the case should be dismissed.
For example, if someone sues their neighbor for being annoying, but there is no law against being annoying, the defendant could argue that the plaintiff has failed to state a valid legal claim.
This defense is typically raised through a motion to dismiss, which is a request to the court to dismiss the case before it goes to trial. In federal court, this motion is made under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
Before the adoption of the Federal Rules of Civil Procedure, this defense was known as a demurrer.