Dictionary Search: "Dismiss" - Pakistan Law Portal

Dismiss

ub. 1. To send (something) away; specif., to terminate (an action or claim) without further hearing, esp. before the trial of the issues involved. 2. To release or discharge (a person) from employment. See DISMISSAL.

Dismissal

n. 1. Termination of an action or claim without further hearing, esp. before the trial of the issues involved,

Dismission

Archaic. 1. An act of dismissing <dismission of the jury>. 2. A removal, esp. from office or position <dismission of the employee. 3. A decision that a suit cannot be maintained <dismission of the case>.

dismissal compensation

See SEVERANCE PAY.

dismissal for cause

A dismissal of a contract employee for a reason that the law or public policy has recognized as sufficient to warrant the employee's removal.3. Military law. A court-martial punishment for an officer, commissioned warrant officer, cadet, or midshipman, consisting of separation from the armed services with dishonor. ( A dismissal can be given only by a general courtmartial and is considered the equivalent of a dishonorable discharge. - dismiss, ub.

dismissal for failure to prosecute

See dismissal for want of prosecution.

dismissal for want of equity.

See DISMISSAL (1).

dismissal for want of prosecution

A court's dismissal of a lawsuit because the plaintiff has failed to pursue the case diligently toward completion. - Abbr. DWOP. -Also termed dismissal for failure to prosecute.

dismissal with prejudice

See DISMISSAL 11).

dismissal with prejudice.

A dismissal, usu. after an adjudication on the merits, barring the plaintiff from prosecuting any later lawsuit on the same claim. 0 If, after a dismissal with prejudice, the plaintiff files a later suit on the same claim, the defendant in the later suit can assert the defense of res judicata (claim preclusion). See RES JUDICATA.

dismissal without prejudice

A dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period.

dismissed for want of equity

(Of a case) removed from the court's docket for substantive reasons, usu. because the plaintiff's allegations are found to be untrue or because the plaintiff's pleading does not state an adequate claim. See dismissal for want of equity under DISMISSAL (1).

dismissed for want of prosecution

(Of a case) removed from the court's docket because the plaintiff has failed to pursue the case diligently toward completion. See dismissal for want of prosecution under DISMISSAL (1).

dismissed with prejudice

removed from the court's docket in such a way that the plaintiff is foreclosed from filing a suit again on the same claim or claims. See dismissal with prejudice under DISMISSAL (1); WITH PREJUDICE.

dismissed without prejudice

(Of a case) removed from the court's docket in such a way that the plaintiff may refile the same suit on the same claim. See dismissal without prejudice under DISMISSAL (1); WITHOUT PREJUDICE.

fugitive-dismissal rule

The principle that an appellate court may dismiss a criminal defendant's appeal if the defendant is a fugitive.

involuntary dismissal

A court's dismissal of a lawsuit because the plaintiff failed to prosecute or failed to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b).

judgment of dismissal

A final determination of a case without a trial on its merits. See DISMISSAL.

motion to dismiss

A request that the court dismiss the case because of settlement, voluntary withdrawal, or a procedural defect. ( Under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss the case (under Rule 41(x)) or the defendant may ask the court to dismiss the case, usu. based on one of the defenses listed in Rule 12(b). These defense include lack of personal or subject-matter jurisdiction, improper venue, insufficiency of process, the plaintiffs failure to state a claim on which relief can be granted, and the failure to join an indispensable party. A defendant will frequently file a motion to dismiss for failure to state a claim, which is governed by Rule 12(b)(6), claiming that even if all the plaintiff's allegations are true, they would not be legally sufficient to state a claim on which relief might be granted. - Abbr. MTD.

two-dismissal rule

The rule that a notice of voluntary dismissal operates as an adjudication on the merits - not merely as a dismissal without prejudice - when filed by a plaintiff who has already dismissed the same claim in another court.

voluntary dismissal