Dictionary of Law
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dismiss :: legal definition


Dismiss - v. the ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony. This judgment may be made before, during or at the end of a trial, when the judge becomes convinced that the plaintiff has not and cannot prove his/her/its case. This can be based on the complaint failing to allege a cause of action, on a motion for summary judgment, plaintiff's opening statement of what will be proved, or on some development in the evidence by either side which bars judgment for the plaintiff. The judge may dismiss on his own or upon motion by the defendant. The plaintiff may voluntarily dismiss a cause of action before or during trial if the case is settled, if it is not provable or trial strategy dictates getting rid of a weak claim. A defendant may be "dismissed" from a lawsuit, meaning the suit is dropped against that party.

See also: dismissal and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
after-discovered evidence :: n. evidence found by a losing party after a trial ... also: evidence writ of coram nobis
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
civil calendar :: n. the list of lawsuits (cases) that are approachi ... y sent to trial. See also: calendar
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
execution :: n. 1) the act of getting an officer of the court t ... so: death penalty writ of execution
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint
habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction.
harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
incompetent evidence :: n. testimony, documents or things which one side a ... ns. See also: incompetent objection
incontrovertible evidence :: n. evidence introduced to prove a fact in a trial ... erson is not the parent of a child.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insufficient evidence :: n. a finding (decision) by a trial judge or an app ... l court. See also: evidence finding
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
marked for identification :: adj. documents or objects presented during a trial ... exhibit lay a foundation objection
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted.
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers.
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
settlement :: n. the resolution of a lawsuit (or of a legal disp ... ult in settlement. See also: settle
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court.
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
summons :: n. a document issued by the court at the time a la ... use service service of process writ
testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial.

Popular Law Searches

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chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - D

D.A. :: n. slang for District Attorney. ... n. slang for District Attorney.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol.
D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children).
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape
day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket."
de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure
de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires
de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation
de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure
de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis.
de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo
deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon
dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property.
death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes.
death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty
debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds.