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Dictionary of Law |
dismiss :: legal definitionDismiss - 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 Termsabuse 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 Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.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 - DD.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. |