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DeFunis argued that materials brought to light during discovery and entered into evidence in the trial court showed that his initial denial of admission to the law school was the result of the operation of the law school's affirmative action policy, favoring the admission of minority applicants over better-qualified white candidates.
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.
Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduct but may also be imposed for incompetence or incapacity.
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
Admission requirements to law school vary between those of common law jurisdictions, which comprise all but one of Canada's provinces and territories, and the province of Quebec, which is a civil law jurisdiction. For common law schools, students must have already completed an undergraduate degree before being admitted to an LLB or JD programme ...
The defendant subject to the adjournment in contemplation of dismissal is restored to the status he or she occupied prior to arrest, either during or after the period of adjournment that accompanies the ACD: that is, all records of the arrest and after the period for which the ACD applies; however, in many jurisdictions a local law enforcement ...
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 .
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.