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The meaning of the term in most of these older cases is the same as described for the United Kingdom (see below). This is because most colonies, upon separation from England, still used English common law (as no U.S. or state-specific laws had yet been passed). In more modern parlance, this type of motion is known as a "motion of dismissal".
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). 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 .
In general, an action taken with prejudice is final. For example, dismissal with prejudice forbids a party to refile the case and might occur because of misconduct on the part of the party that filed the claim or criminal complaint or as the result of an out-of-court agreement or settlement. Dismissal without prejudice (Latin: salvis iuribus, lit.
Termination may be voluntary on the employee's part (resignation), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff. Dismissal or firing is usually thought to be the employee's fault, whereas a layoff is generally done for business reasons (for instance, a business slowdown or an economic downturn ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
A plaintiff must seek a dismissal without prejudice and refile in federal court. There exists a small set of cases (e.g., workers' compensation actions and actions under the Federal Employers Liability Act) that are barred from removal under all circumstances.
Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
Compound verbs, a highly visible feature of Hindi–Urdu grammar, consist of a verbal stem plus a light verb. The light verb (also called "subsidiary", "explicator verb", and "vector" [ 55 ] ) loses its own independent meaning and instead "lends a certain shade of meaning" [ 56 ] to the main or stem verb, which "comprises the lexical core of ...