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LSDefine

Simple English definitions for legal terms

dismissal with prejudice

Read a random definition: Ratio decidendi

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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should I just give up hope now
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i tutored for the lsat in college lol, i went to a rich people school so the parents were happy to shell out money to a kid who didnt even have an official score yet
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you have a great shot bulldog
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lilypadfrog
12:01
stroking it
PuppyBot
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lmaooo
i knew those group interviews existed for nefarious purposes
jackfrost11770
12:03
Oh I'm straight up not getting decisions until March am I
jackfrost11770
12:03
Awesome
me too
lilypadfrog
12:04
getting a ton of t14 As in March probably feels so good if you’re jackfrost
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GreyCeaselessMammoth
12:05
@CurvyHypnoticSheepdog: what nefarious purposes??
Trismegistus
12:05
turned on my ringer and my email notification sound SCARED ME
@GreyCeaselessMammoth: it was a joke lol dw
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morning lsd
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hey sheepdog!
Trismegistus
12:06
losing my mind
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also praying for some decisions today. wbu?
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