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Simple English definitions for legal terms

dismissal with prejudice

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A quick definition of dismissal with prejudice:

Dismissal with prejudice: When a court says a person can't bring their case to court again. This happens when the court thinks the person did something wrong or is being annoying. It's like getting in trouble and not being allowed to do the same thing again. Sometimes, if the rules are different in another court, the person can try again there.

A more thorough explanation:

Definition: Dismissal with prejudice is a legal term that means a court has dismissed a claim, and the plaintiff is not allowed to bring that claim in another court. This is different from dismissal without prejudice, where the plaintiff can bring their claim in another court.

Under Federal Rules of Civil Procedure Rule 41(b), a dismissal is usually considered an “adjudication on the merits,” and therefore with prejudice. However, the District Courts have discretion as to whether they should dismiss with or without prejudice.

For example, in Soul Circus, Inc. v. Trevana Entertainment, Inc., a New York District Court ruled that “plaintiff’s failure to offer a persuasive reason for dismissal without prejudice, the vexatious nature of its actions, its attempt to avoid a prompt resolution in a forum no longer to its liking, and its failure to seek such a dismissal earlier all weigh in favor [of granting the defendants’ motion to dismiss with prejudice.]”

However, in Semtek Int’l Inc. v. Lockheed Martin Corp., the Supreme Court clarified that when a plaintiff had their claim dismissed in federal court with prejudice because of federal procedural law, the plaintiff may actually bring that claim in a state court if the state procedural laws differ from the federal laws and would allow the claim.

For example, if a plaintiff filed a claim in federal court but missed the federal statute of limitations, the court may dismiss the claim with prejudice. However, if the state statute of limitations is longer, the plaintiff may be able to bring the claim in a state court.

Overall, dismissal with prejudice is a serious consequence for a plaintiff, as it means they cannot bring their claim in another court. District Courts have discretion in deciding whether to dismiss with or without prejudice, and the decision may depend on factors such as the plaintiff’s behavior and the burden on the court system.

dismissal | dismissal without prejudice

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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