Court Reporter Practice Exam

What might a demurrer challenge in a lawsuit?

1. The merits of the case

2. The amount of damages claimed

3. The legal sufficiency of the complaint

4. The qualifications of witnesses

The correct answer is: The legal sufficiency of the complaint

A demurrer is a legal response that asserts that, even if the facts presented in the complaint are true, they do not constitute a legally valid claim. Essentially, it challenges the legal sufficiency of the complaint itself. By filing a demurrer, the responding party is not disputing the factual allegations but is arguing that those facts do not establish a basis for legal liability, thereby seeking to have the complaint dismissed. This is a crucial mechanism in litigation, as it allows a party to test the legal foundation of the opposing party's claims before engaging in extensive discovery or trial. The other options focus on different aspects of a lawsuit. The merits of the case pertain to the strength of the claims and defenses, which are typically reviewed during trial rather than through a demurrer. The amount of damages claimed relates to the remedy sought, not the validity of the underlying complaint. Lastly, the qualifications of witnesses deal with the admissibility of evidence rather than the sufficiency of the legal complaint itself. Therefore, they do not fall within the purview of what a demurrer challenges.