Court Reporter Practice Exam

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What is a demurrer?

A request for a new trial
A legal document admitting the matters alleged in the complaint
A motion to dismiss
A type of appeal

The correct answer is: A legal document admitting the matters alleged in the complaint

A demurrer is a legal term that refers to a pleading in a lawsuit. It essentially argues that even if the facts presented in the complaint are true, they do not constitute a legally sufficient claim for relief. By filing a demurrer, the party is admitting the truth of the matters alleged but contending that those facts do not provide any basis for the lawsuit to proceed. This is why the choice indicating that a demurrer is a legal document admitting the matters alleged in the complaint is accurate. The other options relate to different legal concepts. A request for a new trial involves contesting the outcome of a trial based on perceived errors that affected the judgment. A motion to dismiss is a broader term that can include various legal reasons for terminating a case before it goes to trial, not necessarily limited to the sufficiency of the allegations. Lastly, a type of appeal refers to a legal process which seeks to overturn or modify a court's decision after trial based on certain grounds, which does not align with the function of a demurrer.