Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly.Paul's complaint offers details of Dan's "ugly" clothing in many separate,numbered paragraphs.However,no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party.Thus,Dan wants to defeat Paul's claim as fast as possible.The best procedural device for doing so is the:

Question

Quizplus · Accepted Answer

Sometimes it is evident from the complaint or the pleadings that the plaintiff does not have a valid claim.In such a situation,it would be wasteful for the litigation to proceed further.The procedural device for ending the case at this early stage is commonly called the motion to dismiss.The most important type of motion to dismiss is the motion to dismiss for failure to state a claim upon which relief can be granted,sometimes called the demurrer.It asserts that the plaintiff cannot recover even if all of his/her allegations are true because no rule of law entitles him/her to win on those facts.

Paul Sues Dan for "Aesthetic Pollution