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A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit. [1] In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a)'s ...
Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms with prejudice and without ...
United States ex rel. Gerald Mayo v. Satan and His Staff was a 1971 case filed before the United States district court for the Western District of Pennsylvania in which Gerald Mayo alleged that "Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's ...
Wingo (1972), the Supreme Court developed a four-part test that considers the length of the delay, the reasons for the delay, the defendant's assertion of his right to a speedy trial, and the prejudice to the defendant. A violation of the Speedy Trial Clause is cause for dismissal with prejudice of a criminal case. Within these parameters, it ...
The order allows Clemson University's case against the Atlantic Coast Conference to proceed. Gravely denied the conference's motion to dismiss the school's claim for lack of personal jurisdiction ...
In law, selective enforcement occurs when government officials (such as police officers, prosecutors, or regulators) exercise discretion, which is the power to choose whether or how to punish a person who has violated the law.
Unfair prejudice in United States evidence law may be grounds for excluding relevant evidence. [1] "Unfair prejudice" as used in Rule 403 is not to be equated with testimony that is simply adverse to the opposing party. [2] Virtually all evidence is prejudicial or it is not material. The prejudice must be "unfair". [3]
The court dismissed Coleman's suit "with prejudice" in its final ruling on April 13, finding that his claims had no merit and ordering the Coleman camp to pay the legal costs associated with Coleman's failure to disclose information about Pamela Howell, a precinct election judge and witness in the case, [10] which was later determined to amount ...