dismissal

dismissal
An order or judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved. Such may be either voluntary or involuntary. Fed.R. Civil P. 41. A release or discharge from employment.
@ involuntary dismissal
Under rules practice, may be accomplished on court's own motion for lack of prosecution or on motion of defendant for lack of prosecution or failure to introduce evidence of facts on which relief may be granted. Fed.R. Civil P. 4Kb).
@ voluntary dismissal
Under rules practice, may be accomplished by plaintiff without leave of court if filed before answer or by stipulation signed by all parties after answer is filed. Fed.R. Civil P. 41(a)
@ dismissal and nonsuit
Termination of case because of plaintiffs failure to prosecute or plaintiffs desire to discontinue
@ dismissal compensation
The payment of a specific sum, made by employer to employee for permanently terminating employment. Also called severance pay or separation pay
@ dismissal without prejudice
Term meaning dismissal without prejudice to the right of the complainant to sue again on the same cause of action. The effect of the words "without prejudice" is to prevent the decree of dismissal from operating as a bar to a subsequent suit
@ dismissal with prejudice
Term meaning an adjudication on the merits, and final disposition, barring the right to bring or maintain an action on the same claim or cause. It is res judicata as to every matter litigated
@

Black's law dictionary. . 1990.

Look at other dictionaries:

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  • dismissal — the termination of a bankruptcy proceeding. The bankruptcy court can dismiss a case if it deems that the debtor or three creditors should not have filed or that a plan can never be formulated (Glossary of Common Bankruptcy Terms) An order… …   Glossary of Bankruptcy

  • Dismissal — Dis*miss al, n. Dismission; discharge. [1913 Webster] Officeholders were commanded faithfully to enforce it, upon pain of immediate dismissal. Motley. [1913 Webster] …   The Collaborative International Dictionary of English

  • dismissal — 1806, formed on model of refusal, etc., from DISMISS (Cf. dismiss) + AL (Cf. al) (2); replacing earlier dismission (1540s) …   Etymology dictionary

  • dismissal — [n] release adjournment, banishment, bounce, brush off, cold shoulder*, congé, deportation, deposal, deposition, discharge, dislodgment, displacement, dispossession, dissolution, door*, end, eviction, exile, exorcism, expatriation, expulsion,… …   New thesaurus

  • dismissal — [dismish′əndis mis′əl] n. 1. a dismissing or being dismissed 2. an order for the dismissing of someone: Also Archaic dismission [dismish′ən] …   English World dictionary

  • dismissal — noun 1 from a job ADJECTIVE ▪ automatic, immediate, instant (esp. BrE), summary ▪ His attack on the manager led to his instant dismissal. ▪ constructive (BrE), unfair …   Collocations dictionary

  • dismissal — An order or judgment finally disposing of an action, suit, motion, etc., without trial of the issues involved. Such may be either voluntary or involuntary. Fed.R. Civil P. 41. A release or discharge from employment. @ involuntary dismissal Under… …   Black's law dictionary

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