The Motion to Dismiss for Failure to State a Claim

Multiple Choice

The motion to dismiss for failure to state a claim or cause of action (a demurrer) is an allegation by the:

A) plaintiff that the defendant has no possible defense
B) defendant that the law furnishes no remedy for plaintiff's claimed injury
C) defendant that the complaint lacks true facts
D) defendant that the court does not have proper jurisdiction over the case
E) none of the other choices are correct