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)

References in periodicals archive ?
It said that according to the latest information provided to it by the bureau, of the 2,075 public sector employees who were dismissed, 1,682 were reinstated and 180 employees remain dismissed with rights of appeal.
Rathi is yet to be dismissed by the Delhi Police and continues to draw the benefits of an officer.
He also dismisses the idea that primitive human civilizations lived in perfect harmony with their environments, unlike their more modern counterparts.
A number of lower courts have followed the Supreme Court's lead and dismissed similar RICO claims, further reinforcing the degree of protection CPAs are provided.
For all of the foregoing reasons, Judge Cahn dismissed the case.
This means juries will now get to hear cases that were previously dismissed simply by motion, and decide for themselves whether the assailant was able to attack because the property owner was negligent.
On October 20, 2000, the court dismissed the action.
On February 17, 2000, the court granted the Board's motion for summary judgment and dismissed the action.
On September 29, 1999, the court dismissed the action.
On September 3, 1998, a motion to dismiss was filed on behalf of all federal defendants.
The Supreme Court on Monday dismissed a suit seeking to disqualify Chimaroke Nnamani, former governor of Enugu State, as Senator representing Enugu East Senatorial District.
More than 300 policemen who tested positive for using illegal drugs have been dismissed from the force, Philippine National Police (PNP) chief Director General Oscar Albayalde said Monday.