what is the difference between summons and demurrer? Slander and Libel are they indentical or opposites?

Question

This is for a California state exam

Answer 1

You deserve to FAIL the exam. Slander and Libel are neither identical nor opposite. Slander is VERBAL and Libel is WRITTEN. Both involve damaging the reputation of another person. A summons is an order to appear in court. Wikipedia defines a demerrer as an response by the defendant challenging the legal sufficiency of the complaint.

It took me less than 2 minutes to research this answer. I am no where near qualified to sit for ANY exam involving the law. If I can get an answer this easily, and you have to ask, you have no business sitting for the exam either.

Answer 2

Slander involves the spoken word.

Libel involves the printed word.

Regarding demurrer and summons, they are very different concepts. From Wikipedia:

A demurrer is a pleading by the defendant that contests the legal sufficiency of the complaint without admitting or denying the allegations therein. It is filed before the answer and can be characterized as the defendant’s way of asking: “so what?”

A summons is a document that announces a date by which the defendant(s) must either appear in court, or respond in writing to the court or the opposing party or parties.

Answer 3

I don't know about summons vs. demurrer, but Slander and Libel are virtually the same thing. Difference is Slander is spoken and Libel is written (published).

Answer 4

A demurrer is more commonly called a motion to dismiss, which is filed by the defendant. The defendant is stating that he agrees with the facts of the suit, as provided by plaintiff, but the facts do not support a legal claim.

California is one of maybe two or three other states that uses the term "demurrer." Every other jurisdiction calls it a "motion to dismiss."

Answer 5

slander - Words falsely spoken that damage the reputation of another

libel - A false and malicious publication printed for the purpose of defaming a living person