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Simple English definitions for legal terms

dismissal with prejudice

Read a random definition: Export Control Classification Number (ECCN)

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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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