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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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Dkk
13:29
I'm at your mommas house rn: https://x.com/Mansavelli_/status/1648073454665572352
triplethread
13:29
im addicted to reacting to all of the decisions
triplethread
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with the emojis
HopefullyInLawSchool
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I shop at Joe
HopefullyInLawSchool
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Joe's
glovediedthisishismom
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i shop at tawget
glovediedthisishismom
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im dawk gawthic maga
triplethread
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i shop at giant eagle
ForDizzyDJoy
13:31
How did i miss Fordham and American’s wave and I applied in september 🙃
13:33
Lol UC Davis took me of ED and put me in RD
13:34
surprised I didnt get straight denied
HopefullyInLawSchool
13:34
they emailed you/
HopefullyInLawSchool
13:34
?
13:35
@HopefullyInLawSchool: Yea, I just got it
i just want a cornell ii :(
13:37
yak you will be fucking shit up at cornell this time next year dw
i love u
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love you too bby
glovediedthisishismom
13:42
what if desantis appoints lara trump and matt gaetz to be floridas senators
Dkk
13:42
Sounds good to me
HopefullyInLawSchool
13:43
@glovediedthisishismom: What if he appoint Ym instead?
HELP
every damn opportunity
13:47
do schools straight reject people from ed or to they always ed-rd if its a no for ED?
HopefullyInLawSchool
13:48
Some schools rject
13:49
Thanks! I couldn't find any reddit thread about it lol
13:49
but just means now I have to wait for the rejection from Davis
glovediedthisishismom
13:53
i just wanna rock
glovediedthisishismom
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bodyadaya
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let it rock
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