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dis·mis·sal n1: removal from a position or service2 a: the termination of an action or claim usu. before the presentation of evidence by the defendantin·vol·un·tary dismissal1: the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case2: the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief◇ An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim.vo·lun·tary dismissal: the dismissal of an action by the plaintiff◇ Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will not prevent the plaintiff from bringing the action again unless the order so states. A dismissal without a court order will not bar the plaintiff from bringing the action again unless the plaintiff has brought the same action already.b: the cancellation of an indictment, information, complaint, or charge◇ Under Federal Rule of Criminal Procedure 48, the attorney for the government may dismiss the indictment, information, or complaint with the court's approval. The court may also dismiss it if there is unnecessary delay in the government's prosecution of the case.c: a document setting forth the request for a dismissalplaintiff filed a dismissal
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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I
(discharge) noun
cashiering, deposition, dimissio, discharge from employment, disemployment, dislodgment, displacement, ejection, elimination, exclusion, expulsion, firing, layoff, ouster, release from employment, removal from a job, removal from a position, removal from office, severance
II
(termination of a proceeding) noun
annulment, cancellation, conclusion of a proceeding, conclusion of an action, discontinuance, disposal, ending of a proceeding, ending of an action, invalidation, nonsuit, quashing, rejection, removal of a cause out of court, termination of an action
associated concepts: dismissal for cause, dismissal for failure to prosecute, dismissal for want of jurisdiction, dismissal for want of substantial federal question, dismissal of a cause for want of prosecution, dismissal of a charge, dismissal of an action with prejudice, dismissal of an appeal, dismissal of an employee, dismissal of proceedings, dismissal on the merits, dismissal without prejudice
III
index
abandonment (repudiation), absolution, acquittal, avoidance (cancellation), banishment, cancellation, compurgation, condonation, deportation, discharge (release from obligation), discontinuance (act of discontinuing), discontinuance (interruption of a legal action), disqualification (rejection), dissolution (termination), exclusion, expulsion, layoff, liberation, ostracism, pardon, rejection, release, removal, renunciation
Burton's Legal Thesaurus. William C. Burton. 2006
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Dismissal may take place if the employer terminates the contract of employment, or if a fixed contract of employment expires. It also occurs in cases of constructive dismissal (breach of contract by the employer leading to the employee's resignation); or deemed dismissal in the case of refusal to allow a woman back to work after maternity leave. It may be contrasted with resignation (at the employee's instance) which does not amount to dismissal.
Easyform Glossary of Law Terms. — UK law terms.
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n.A judge’s order that terminates a lawsuit, motion, etc., without considering the issues involved in the matter.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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See: dismissCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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In employment law, the termination of an employee's contract by the employer, either on notice or with immediate effect (a summary dismissal).Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
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n.1 The termination of a legal proceeding by the judge, before a trial or hearing, typically on the grant of a motion to dismiss by the adverse party, or because the claimant failed to proceed with the action or comply with an order of the court, or because the claimant has agreed to end the proceeding.2 Of employment, the firing of an employee.@ dismissal without prejudiceItalian A dismissal that allows the claimant to bring the same claim again at some time in the future, within any applicable period of limitations.@ dismissal with prejudiceItalian A dismissal that bars the claimant from bringing the claim again at any time in the future.@ involuntary dismissalItalian A dismissal of a claim that the claimant desired to pursue.@ voluntary dismissalItalian A dismissal by the claimant or with the claimant's consent to withdraw the claim.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action.
Dictionary from West's Encyclopedia of American Law. 2005.
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I
A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action.II The termination of a lawsuit. (See with prejudice and without prejudice.)
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties.2) a judge's ruling that a lawsuit or criminal charge is terminated.3) an appeals court's act of dismissing an appeal, letting the lower court decision stand.4) the act of a plaintiff dismissing a lawsuit upon settling the case. Such a dismissal may be dismissal with prejudice, meaning it can never be filed again, or dismissal without prejudice, leaving open the possibility of bringing the suit again if the defendant does not follow through on the terms of the settlement.See also: dismiss
Law dictionary. EdwART. 2013.
