The lack of subject matter jurisdiction is typically addressed by which procedural device?

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Lack of subject matter jurisdiction is a fundamental defect that means the court has no power to hear the case, so the proper way to raise it is with a motion to dismiss for lack of subject matter jurisdiction. This threshold device is designed to end a case before any merits are addressed, often under the rules that permit challenges to jurisdiction (for example, a Rule 12(b)(1) motion in federal practice). A demurrer, while historically used to test the pleadings’ sufficiency, is not the primary vehicle for asserting jurisdictional power in modern practice; it focuses on whether the claim, as pleaded, states a cognizable cause of action. A motion to strike targets improper or immaterial pleadings, not the court’s power to hear the case. Summary judgment resolves issues on the merits after discovery, not jurisdictional power. So the best answer is the motion to dismiss for lack of subject matter jurisdiction.