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Mr. Bad Fumbla
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LSDefine
Simple English definitions for legal terms
two-dismissal rule
Read a random definition: malum prohibitum
A quick definition of two-dismissal rule:
The two-dismissal rule means that if a person decides to dismiss their case voluntarily, it will count as a final decision and cannot be brought up again in court if they have already dismissed the same claim in another court. This means that they cannot keep changing their mind and trying to bring the same case to court over and over again.
A more thorough explanation:
Definition: The two-dismissal rule is a legal principle that states that when a plaintiff voluntarily dismisses a claim in one court and then files the same claim in another court, a subsequent voluntary dismissal of the same claim in the second court will be considered an adjudication on the merits, rather than a dismissal without prejudice.
Example: Let's say that a plaintiff files a lawsuit against a defendant in a state court and then voluntarily dismisses the case without prejudice. The plaintiff then files the same lawsuit against the same defendant in a federal court. If the plaintiff voluntarily dismisses the case again, the two-dismissal rule would apply, and the dismissal would be considered an adjudication on the merits.
Explanation: The two-dismissal rule is designed to prevent plaintiffs from repeatedly filing and dismissing the same claim in different courts, which can waste judicial resources and cause unnecessary delays. By treating a second voluntary dismissal as an adjudication on the merits, the rule encourages plaintiffs to carefully consider their claims before filing a lawsuit and discourages them from engaging in forum shopping.