judgement of dismissal
Học thuậtThân thiện
Definition
Noun: A formal legal ruling by a court that ends a case without proceeding to a full trial on its merits. This judgment terminates the lawsuit, typically because the court has determined the complaint fails to state a valid legal claim or there is a lack of jurisdiction.
Usage
This term is used in formal legal contexts to describe the specific court order that dismisses a lawsuit. * The plaintiff's case was weak, so the judge issued a judgement of dismissal. * After reviewing the motion, the court entered a judgement of dismissal with prejudice, meaning the case could not be refiled.
Advanced Usage
- Judgement of dismissal with prejudice: A dismissal that prevents the plaintiff from filing the same claim again in the future. It is a final decision on the merits of the claim.
- Judgement of dismissal without prejudice: A dismissal that allows the plaintiff to correct the defect in the complaint and refile the lawsuit at a later date. It is not a final judgment on the merits.
Variants and Related Words
- Dismissal (n): The general act of dismissing a case.
- Motion to dismiss (n): A formal request made to the court asking for a judgement of dismissal.
- Involuntary dismissal (n): A dismissal ordered by the court, often for failure to prosecute or comply with rules.
- Voluntary dismissal (n): A dismissal requested by the plaintiff.
Synonyms
- Dismissal order
- Order of dismissal
- Judgment of dismissal (alternative spelling: 'judgment')
Antonyms
- Judgment on the merits: A final ruling made after a full trial or consideration of the substantive facts of the case.
Noun
- a judgment disposing of the matter without a trial