Dismiss

Dismiss in the United States

Discharge of a case without further consideration. A dismissal is an order that cancels a lawsuit. It can be granted at any point in the process. A case is dismissed by a court in response to a motion requesting such action. A case may be dismissed for a variety of reasons, but typically dismissal stems from some kind of legal deficiency. A court can grant a motion to dismiss in civil or criminal cases. Granting a motion to dismiss in a criminal case terminates the charges. In some criminal cases, the motion to dismiss charges is requested by the prosecutor as part of a plea agreement.

See Also

Direct Verdict (Civil Process) Summary Judgment (Civil Process).

Analysis and Relevance

In most cases, dismissal occurs without consideration of the merits of an action. As a result, the dismissal does not prohibit the action from being reinitiated. This is called dismissal without prejudice. Dismissal with prejudice, on the other hand, is a judgment by a court on the merits of the case, and it is final. In other words, dismissal with prejudice bars bringing a subsequent action on the same matter.

Notes and References

  1. Definition of Dismiss from the American Law Dictionary, 1991, California

Dismiss Definition

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

Dismiss in Foreign Legal Encyclopedias

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Dismiss Dismiss in the World Legal Encyclopedia.
Dismiss Dismiss in the European Legal Encyclopedia.
Dismiss Dismiss in the Asian Legal Encyclopedia.
Dismiss Dismiss in the UK Legal Encyclopedia.
Dismiss Dismiss in the Australian Legal Encyclopedia.

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Browse the American Encyclopedia of Law for Dismiss

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Dismiss Dismiss in the Family Law Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the IP Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Commercial Law Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Criminal Law Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Antritrust Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Constitutional Law Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Tax Law Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the and Finance and Banking Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Employment and Labor Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Dismiss Dismiss in the Environmental Law Portal of the American Encyclopedia of Law.

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Dismiss in the Dictionaries Dismiss in our legal dictionaries
https://lawi.us/dismiss The URI of Dismiss (more about URIs)
Dismiss related entries Find related entries of Dismiss

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Legal Issue for Attorneys

To remove; to send out of court. Formerly used in chancery of the removal of a cause out of court without any further hearing. The term is now used in courts of law also.

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Notice

This definition of Dismiss Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Dismiss: Open and Free Legal Research of US Law

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Federal primary materials about Dismiss by content types:

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Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Dismiss and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Dismiss or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Dismiss and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Dismiss. Finding these decisions can be challenging. In many cases, researchers about Dismiss should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Dismiss when formerly requested by a designated government officer):

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