dismiss


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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 not alleging a cause of action, a motion for summary judgment, plaintiff's opening statement of what will be proved, or 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: dismissal)

dismiss

(Discharge), verb cashier, cast out, demobilize, depose, deprive of force, disemploy, dispatch, dispense with, displace, dispossess, eject, expel, fire, lay off, oust, purge, remove, remove from office, send away, send off, set free, suspend, turn away, turn out, unseat, vacate
Associated concepts: dismiss a cause of action, dismissal beeause of laches, dismissed for cause, dismissed with prejuuice, dismissed without prejudice, motion to dismiss, mooion to dismiss for failure to state a claim, motion to dismiss for lack of jurisdiction, nonsuit

dismiss

(Put out of consideration), verb brush aside, decline, deny, disallow, disavow, discountenance, ignore, lay aside, not hear of, pass over, pay no reeard to, put out of mind, refuse, reject, rule out, set aside, take no notice, think no more of
See also: abandon, banish, cancel, cede, clear, condone, controvert, decry, deport, depose, disband, discharge, discontinue, dislodge, dispel, displace, disregard, eject, eliminate, except, exclude, exculpate, expel, forgo, free, liberate, oust, override, quash, rebuff, recall, refuse, reject, release, relegate, relinquish, remit, remove, renounce, rescind, revoke, send, superannuate, supplant, vindicate, waive
References in periodicals archive ?
According to the officer, the power to dismiss Rathi actually lies with the Delhi government.
6015(0 stand-alone cases without a deficiency determination, a motion to dismiss for lack of jurisdiction should be filed.
On February 26, 1999, the Board filed a motion to dismiss the action.
The decision made clear that in the absence of allegations that a defendant had some measure of control over, or direction of, the enterprise, courts must dismiss the plaintiff's RICO claims.
We are very pleased that the trial court has granted our motion to dismiss.
While the contracts of sale barred any claim against the broker for the representations made, the fact that the brokers' representations were factually true made it easier for the Court to dismiss the purchasers complaint.
In some instances, the lower courts would dismiss these cases because the owner was not negligent, while in other cases the courts ruled that even if the owner was negligent, the plaintiff could not connect the negligence to the assault.
This ruling on a motion to dismiss required the court to assume that the allegations of the complaint were correctly stated.
When prosecutors filed the case a third time, Hanson's attorney, Michael Flanagan, moved to dismiss the charges on the grounds that it was a third filing and no excusable neglect was involved, but Rogers ruled otherwise, Portillo said.
On April 26, 2000, the court granted the Board's motion to dismiss or for summary judgment.
In response, Masry said the developers should file a motion to dismiss the suit if they feel it has no merit.