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 ?
A Republican Senate official claimed ``remarkable unity'' among the GOP rank and file against a Democratic bid to dismiss charges, expected as early as Monday.
The White House could, at this point, present a motion to dismiss the case, though that is unlikely.
All are members of the 109th Congress and supported the Defendants' motion to dismiss the lawsuit.
A copy of the Motion to Dismiss the case can be found at www.
We believe the court should dismiss this lawsuit which has no basis in fact and represents another flawed attempt to use the legal system to remove a legitimate reference to the religious heritage of our nation," said Jay Sekulow, Chief Counsel of the ACLJ.
Bally opposed the Liberation Funds' motion, urging the Court not to dismiss the proceeding and demanding that the Court grant it expedited discovery against the Liberation Funds.
Rothken Law Firm announces that on September 23rd, 2005 the Court denied defendant Merrick Bank's motion to dismiss a consumer class action lawsuit filed by California credit card holders against CardSystems Solutions, Inc.
The judge's decision to dismiss the case against DTCC follows a series of nine other case that have been dismissed or withdrawn against DTCC.
On December 4, 1998, the Court granted the Board's motion to dismiss the petition.
On November 12, 1998, the Board filed a motion to dismiss the petition.
Although the judge allowed certain claims to survive the motion to dismiss, NCsoft and Cryptic Studios are pleased with the result and are confident that both the law and the facts will support their case.