Which statement correctly contrasts demurrer to evidence in criminal and civil cases?

Which statement correctly contrasts demurrer to evidence in criminal and civil cases?

• A. In criminal cases, leave of court is required to file a demurrer; in civil cases, no leave is required.
• B. In civil cases, demurrer always results in dismissal.
• C. In criminal cases, denial of demurrer bars defense.
• D. In civil cases, demurrer is never allowed.

Answer: (A)

Demurrer to evidence is a tool to test whether the evidence presented is sufficient to support a conviction in criminal cases or a claim in civil cases. The key distinction here is who must give permission to use this tool. In criminal cases, the accused must obtain leave of court before filing a demurrer to evidence. This reflects its potential effect—an acquittal if the court finds the evidence legally insufficient. In civil cases, the defendant can file a demurrer to the plaintiff’s evidence without needing the court’s prior permission; if the court grants it, the case is dismissed, but if not, the trial proceeds. So the statement that leave of court is required in criminal cases while no leave is required in civil cases correctly captures the procedural contrast. The other statements misstate how leave is handled, or what demurrers accomplish in civil vs. criminal contexts.

Demurrer to evidence is a tool to test whether the evidence presented is sufficient to support a conviction in criminal cases or a claim in civil cases. The key distinction here is who must give permission to use this tool.

In criminal cases, the accused must obtain leave of court before filing a demurrer to evidence. This reflects its potential effect—an acquittal if the court finds the evidence legally insufficient. In civil cases, the defendant can file a demurrer to the plaintiff’s evidence without needing the court’s prior permission; if the court grants it, the case is dismissed, but if not, the trial proceeds.

So the statement that leave of court is required in criminal cases while no leave is required in civil cases correctly captures the procedural contrast. The other statements misstate how leave is handled, or what demurrers accomplish in civil vs. criminal contexts.