Paul sues Dan for "aesthetic pollution." The basis for his suit is Dan's habit of wearing clothes Paul considers ugly. Paul's complaint offers details of Dan's "ugly" clothing in many separate, numbered paragraphs. However, no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party. Thus, Dan wants to defeat Paul's claim as fast as possible. The best procedural device for doing so is the:________ A. Motion to dismiss. B. Motion for summary judgment. C. Motion for judgment notwithstanding the verdict. D. Motion for a directed verdict.

Respuesta :

Answer:

A. Motion to dismiss

Explanation:

A motion is a way of asking some decision from the court. For an order or other event, the group must "pass" the court. Practice of motion is a significant part of the proceedings.

A party may seek to dismiss the case for a variety of reasons, including failure of jurisdiction in the subject matter, lack of personal jurisdiction, inadequate location, insufficient proceedings, failure to state a claim for which relief may be granted, and failure to join the party concerned.

In this case it is for failure to state a claim upon which relief can be granted (or demurrer).