Anonymous ID: 824154 Aug. 11, 2021, 8:34 p.m. No.14331311   🗄️.is 🔗kun   >>1359 >>1448 >>1463 >>1503 >>1790 >>1835

>>14331219

 

In early stage of litigation, the defendants will test the complaint with a Motion to Dismiss (sometimes, "Demurrer"). However, this is before discovery, so the judge has to accept the factual allegations of the complaint to be true, when assessing the viability of the legal theories they support.

 

Basically, a win on this kind of motion simply means that the plaintiffs' attorney aren't complete fucking morons and don't know how to draft a complaint.

 

Whether or not the plaintiffs can back up their factual allegations with admissible, factual evidence, later in the case, is a whole different story.

 

Don't shit on the judge. (at least, not yet.)