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Simple English definitions for legal terms

Speaking demurrer

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A quick definition of Speaking demurrer:

A speaking demurrer is a type of legal objection that tries to introduce new evidence or information that is not included in the original legal document. This is not allowed because demurrers are based on the assumption that the facts presented in the document are true. Therefore, speaking demurrers are not valid and cannot be accepted by the court.

A more thorough explanation:

A speaking demurrer is a type of legal objection that goes beyond the contents of the pleading being challenged. It is an attempt to introduce new evidence or information that is not part of the record. Since demurrers assume that the factual allegations in the pleading are true, speaking demurrers cannot be sustained.

Let's say that a plaintiff files a complaint against a defendant, alleging that the defendant breached a contract by failing to pay for services rendered. The defendant files a demurrer, arguing that the plaintiff did not provide enough detail about the services rendered. This is a valid demurrer because it is based on the contents of the complaint.

However, if the defendant files a speaking demurrer, arguing that the plaintiff actually provided subpar services and therefore breached the contract first, this would not be a valid demurrer. This is because the defendant is introducing new evidence that is not part of the record.

Spam | Speaking objection

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14:19
I wrote Raytheon instead of RTX since its more recognizable
14:19
[deleted by starfishies]
14:20
@bonelesscannoli: swagalicious i will add the inc.
14:20
[deleted by starfishies]
@c0bra1: U work in retail?
14:21
im assuming he was an intern
14:24
@bonelesscannoli: no i interned also i hate this 15 message limit
14:25
howd you manage the internship? theyre super competitive
@c0bra1: I gotcha
14:31
@NemoPropheta: mine was on a chill team so i had a good time, but apple works like a bunch of little companies that report to the same ppl so its a little isolating if you're not in the same office/don't go out much. i didn't take RO to intern again
14:32
i applied cold and happened to team match well from something i did on a prior internship
@Sex-Drive: we have entirely different living standards if you think 60k is "hardly anything to live off of:"
i make around that in a hcol area and feel like im balling out while saving over 20% of my income
@Sex-Drive: Seconding what Windy's saying. I live in a LCOL and I'm fully able to support myself and my family on my paycheck alone. $60k in a HCOL while single was living check to check.
14:55
[deleted by starfishies]
not to be a boomer but i think people need to realize that you are supposed to be broke in your early 20s
oh no its dk again
What did they even post?
probably calling me an anti-hispanic slur
if I want to transfer to nyu is it better to go to washu or cardozo
(also why does nyu accept so many transfers from brooklyn lmao, what other t125 will let you transfer that high)
15:07
transferring is grades dependent so "better" is a little weird to define - a lot of ppl don't want to give up schollys/networks for ranking purposes. that being said im going to dozo and hoping for a nyu transfer lol
15:08
i think they take a lot from brooklyn just by the nature of being a nyc school. 3 out of 15 transfers out of cardozo went to nyu last year which is technically a good sign but you'd consider that the rate of ppl at washu wanting to move to nyc and pay sticker after a year is probably lower than the rate of ppl at nyc schools who want to
15:09
i dont really know how important it is to be median vs 75th of transfer gpa but id imagine keeping a B+/A- average is pretty hard in 1L and easier said than done
15:58
my bitches shaking ass with they hand out
NosyBeagle
16:49
did someone say shaking ass
16:55
im crashing out
im locking in
I'm locking [my daughter] in [the basement]
18:17
Im in the [spread] sheets locked [tf] in
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