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Demurrer. A demurrer is an attack on legal complaints filed in court.

Updated on May 7, 2013

Blank slate; Tabular Rosa

All writers know that some times it is best just to start over.
All writers know that some times it is best just to start over. | Source

Sometimes we wish lawyers would step back and look at the idea behind something.

If we say to our friend "what are you talking about, please make your point more clearly". That in fact is a suggestion that you are asking him to teach you. If we say, what are your intentions? That likewise is a request to make something clear. Both are taking a request stance. Even though one is more familiar and aggressive.

It being from the word demure a demurrer is a proper way to ask for appropriate allegations so that parties can move past rancor and get to the heart of the matter. In court as in life this is appropriate.

But in today's somewhat uncivil society people demurrer it is an attack fashion to rid themselves of unwanted positions. It has almost become a system where if you do not hold your pinky right on stem wear what you have to say is less valid. This is not a demurrer and it is not demure.

Society has bought into this notion

Attack the way she said it. Mock the lack of sophistication. Make fun of and ridicule how someone speaks and let our establishments deny them access to proper treatment. This has become more prevalent in our society as rushes to judgment and self interest seem like buffalo creating a circle to protect their young or Wagon trains circling the wagons to prevent outside influence. And yet the only danger faced is someone demanding to speak their mind.

In our history of Judicial process we have seen courts overwhelmed and overburdened, that is undeniable. So the judicial social mandate is to clear calendars and get rid of the unwashed. That which is difficult is now shunned to make space for that which is expedient. The demurrer grants courts just such a tool. "If you do not say it right we deny you justice". Just think about that!

If you cannot speak well and write well, we will not help to decide if someone has done you wrong and you are entitled to a remedy. But if you speak and write really well we may not have to look at the facts at all.

(now here is an aside to that: Lawyers are no doubt well trained. Most lawyers can write fairly well. the wrote well enough to get through school and pass a bar. But do they have the aptitude? Many do not and write rather poorly. So here is what I would ponder; Could a really good writer defeat a good lawyer who did not have aptitude in writing. I would have to say that is at least a fifty fifty proposition)

Which book teaches you to write well?

I would say you need them all.
I would say you need them all. | Source

The dollar bottom line.

"Wow she is a great judge, she gets rid of cases fast and inexpensively". That has become the new standard. Gone are the comments "that is a really fair judge who cares and takes the time to do right".

And oh so true of society. Companies calculate out the cost of treating you properly, with the savings, and factor in the roughneck who objects. And take improperly from society according to that concept.

People shortcut people

How sad when we see this abuse of demure behavior and the demurring of individuals by individuals. A Preacher who ignores the less than proper or supportive members. The shop keeper who treats children with disdain. The teacher who ignores the problems learners. All because they do not do it right. People demurrer people.


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    • Ericdierker profile imageAUTHOR

      Eric Dierker 

      5 years ago from Spring Valley, CA. U.S.A.

      As well educated writers we have that dual role. To write really well, but also to listen and read with compassion. Thank you, it is important we participate in order to maintain those values.

    • MrsBrownsParlour profile image

      Lurana Brown 

      5 years ago from Chicagoland, Illinois

      One would hope that our justice system would uphold a high standard of human justice. But it can only be a reflection of where we are as a society. Respecting others and treating them as equals is the basis of justice---and we must try to uphold these values every day as individuals in all of our interactions, whether speaking or writing. Great points here! :-)

    • Ericdierker profile imageAUTHOR

      Eric Dierker 

      5 years ago from Spring Valley, CA. U.S.A.

      It is interesting. We would not publicly humiliate a stutterer but society seems to allow for it in the area of writing. A definite lack of compassion.

    • MsDora profile image

      Dora Weithers 

      5 years ago from The Caribbean

      Interesting question: "Could a really good writer defeat a good lawyer who did not have aptitude in writing?" I vote in favor of the good writer. Some words wouldn't even know themselves the way some lawyers spell them. However, as you point out, human error including bad spelling is no excuse for unfair dealings with one another.

    • Ericdierker profile imageAUTHOR

      Eric Dierker 

      5 years ago from Spring Valley, CA. U.S.A.

      Thanks for missing me Bill. Had to take a primitive back country hike into the Grand Canyon with my possee. 65 lb packs are for mules not old men like me. My legs are starting to work again. Man's inhumanity to man says it all. This is akin to adult bullying.

    • billybuc profile image

      Bill Holland 

      5 years ago from Olympia, WA

      Well there you are. I don't believe I've seen anything from you in a couple days. Back you are with another solid message about society and man's inhumanity towards man. Well done my friend.


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