The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the:
A) plaintiff that the defendant has no possible defense
B) defendant that the law furnishes no remedy for plaintiff's claimed injury
C) defendant that the complaint lacks true facts
D) defendant that the court does not have proper jurisdiction over the case
E) none of the other choices are correct

Question

Quizplus · Accepted Answer

A motion to dismiss for failure to state a claim or cause of action (a demurrer) is an assertion by the defendant that even if all the allegations in the plaintiff's complaint are true, the law provides no legal remedy for the claimed injury.

The Motion to Dismiss for Failure to State a Claim