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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: In a civil action for damages arising from breach of a written contract for software development services, TechNova, Inc. sues PixelSoft, Ltd. After TechNova rests its case and before PixelSoft presents its evidence, PixelSoft moves for demurrer to evidence on the ground that TechNova has failed to prove a cause of action. The trial court denies the demurrer to evidence. Which of the following statements best expresses the controlling rule on the consequences of denial of a demurrer to evidence under Rule 33, and how the case progresses from that ruling? If the court had granted the demurrer to evidence instead, what would be the consequence and why?

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Denial means the issue is converted into a question of law and the case will be decided solely on the pleadings. Denial allows the defendant to appeal the denial of demurrer to evidence as an ordinary appeal on the merits. Denial causes the court to dismiss the case for lack of jurisdiction. Denial of the demurrer to evidence allows the case to proceed to trial on the merits; the defendant may present its own evidence; if the court had granted the demurrer, the action would be dismissed for failure to prove a cause of action.

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