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Mar 102008

An answer to a complaint at civil law that does not dispute the facts of the complaint but contends that the facts, even if true, do not constitute a wrongdoing. The Federal Rules of Civil Procedure have replaced the demurrer with a motion to dismiss. See, e.g. United States v. Carolene Products Co. 304 U.S. 144 (1938). But the staff will be glad to tell you that demurrer still applies at LII.