The phrase "claim upon which relief can be granted" is typically associated with which pleading device?

The phrase "claim upon which relief can be granted" is typically associated with which pleading device?

• A. Motion to Strike
• B. Motion to Dismiss for Failure to State a Claim
• C. Demurrer
• D. Summary Judgment

Answer: (C)

This question focuses on a pleading device that tests whether a complaint actually states a claim for which relief can be granted. A demurrer operates exactly this way: it challenges the complaint on its face by arguing that, even if all the facts pleaded are true, they do not amount to a legally recognizable claim for which the court can grant relief. In other words, the pleading is insufficient as a matter of law. This is why the phrase in question is traditionally tied to a demurrer. It is not about striking parts of a pleading (that would be a motion to strike), nor about whether there are genuine issues of fact for trial (that would be a summary judgment inquiry). While modern practice sometimes uses a motion to dismiss for failure to state a claim, the historical wording and the concept it tests align with a demurrer.

This question focuses on a pleading device that tests whether a complaint actually states a claim for which relief can be granted. A demurrer operates exactly this way: it challenges the complaint on its face by arguing that, even if all the facts pleaded are true, they do not amount to a legally recognizable claim for which the court can grant relief. In other words, the pleading is insufficient as a matter of law.

This is why the phrase in question is traditionally tied to a demurrer. It is not about striking parts of a pleading (that would be a motion to strike), nor about whether there are genuine issues of fact for trial (that would be a summary judgment inquiry). While modern practice sometimes uses a motion to dismiss for failure to state a claim, the historical wording and the concept it tests align with a demurrer.