Question

A pleading filed by one party to dismiss the other party's pleading for failing to state a cause of action is known as ____________.

Answer 1

Answer:

A demurrer.

Explanation:

Judicial power can be defined as the power given to the courts to act and pronounce judgment on a case after making a decision with respect to the parties that brought the case for litigation. Therefore, when a judge presiding over a court of competent jurisdiction gives a verdict or judgment on a case, his or her decision is final and can only be upturned by a higher court such as a court of appeal (appellate court) and supreme court.

A pleading filed by one party to dismiss the other party's pleading for failing to state a cause of action is known as a demurrer.

This ultimately implies that, a demurrer is a pleading written by the defendant as a response to a court proceeding in which he or she acknowledges that the allegations in a complaint might be true and factual but it is insufficient to justify or establish a valid legal action.

For example, a party might file for a demurrer if a complaint infringes his or her right to freedom of speech and expression enshrined in the Constitution.