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motion for dismissal :: legal definition


Motion for dismissal - (non-suit) n. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case. Attorneys most often make this motion after the plaintiff or prosecutor has presented all the evidence they have, but they can make it at the end of the evidence presentation but before judgment or upon evidence being presented that proves to the judge that the defendant cannot lose. Quite often this is an oral motion, and arguments are made in the judge's chambers where the jury cannot hear. It is also sometimes called a motion for nonsuit.

See also: motion 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.
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
attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
exclusionary rule :: n. the rule that evidence secured by illegal means ... e poisonous tree motion to suppress
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
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
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
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
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
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
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
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
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
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 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
motion to suppress :: n. a motion (usually on behalf of a criminal defen ... eshold." See also: motion in limine
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
nolle prosequi :: (no-lay pro-say-kwee) n. Latin for "we shall no lo ... nocent and declared nolle prosequi.
non-suit :: n. a ruling by the judge in a lawsuit either when ... the defendant. See also: dismissal
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
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.
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
summons :: n. a document issued by the court at the time a la ... use service service of process writ
suspended sentence :: n. in criminal law, a penalty applied by a judge t ... may be enforced. See also: sentence
time served :: n. the period a criminal defendant has been in jai ... o the defendant. See also: sentence
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction

Popular Law Searches

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Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
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malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
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malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder