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What does a Dismissal without Prejudice judgment meaning for defendant?
Wiki User
∙ 14y ago
"WITHOUT prejudice" is indeed the key phrase! It means that the current case against the defendant is dismissed, HOWEVER, the prosecution has the option of re-charging the defendant again - perhaps after they cure a defect in the original case, or under a different statute. It is generally only a momentary reprieve for the defendant.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoIt means that the current charge against you was dismissed for some technical reason. HOWEVER - the judge has not ruled against the prosecution re-instituting the charge again after the problem is cleared up.
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What is the origin of the word prejudice?
The word prejudice is circa 1290, from Old French prejudice (13 century), from Medieval Latin prejudicium "injustice," from Latin præjudicium"prior judgment," from præ- "before" + judicium"judgment," from judex (genitive judicis) "judge." The notion is of "preconceived opinion;" the verb meaning "to affect or fill with prejudice" is from 1610.
What does case status restored mean?
If a case was "stayed" for some reason - it is usually only a temporary event - if/when the judge rules that the case can resume he "restores" the case to whatever its status was prior to the stay being ordered.
What is the consequence of plaintiff failure to appear in Virginia district court?
If the defendant fails to appear in a civil court lawsuit, the plaintiff can motion the court for what is known as a default judgement. In laymen terms, they win. If the defendant shows up but the plaintiff did not, they can motion to have the case dismissed with prejudice. This means that the person who sued them cannot bring the same matter back to the courts again.
What is unjust dismissal?
If the Plaintiff or the Prosecutor disagreed with the judge's decision to dismiss the charges against the plaintiff/defendant, they might characterize the judge's decision as "unjust" meaning they did not agree with the judge's legal reasoning for doing so. OR -- in an employment situation -- it might refer to the dismissal of an empolyee under conditions that were not according to prevailing law or procedure.
How do you legally remove a judgment that you were not served notification of?
The involved party may be able to file an appeal in the court where the judgment writ was issued. The person filing the appeal will need substantiating evidence that a reasonable attempt to serve notice of the lawsuit and the judgment that was awarded to the plaintiff was not made. In many states it is not necessary for the defendant to physically accept a summons. In some states a summons may be sent by registered mail. There is also the possibility the debt was sent to arbitration thereby circumventing some of the legal steps in obtaining a judgment. The failure of the defendant to respond results in a default verdict, meaning the defendant has lost the case. The state laws will determine if the time limit for an appeal has expired. If an appeal is possible, a judge will hear the defendant's argument, review any evidence and render a decision as to the validity of the lawsuit and/or judgment.
What is the meaning of prejudiced?
of Prejudice
What is the meaning of Fabre Defendants?
A defendant that is not part of the suit but still can be blamed. The named defendant can use a fabre defendant to reduce its liability.
What is the meaning of preconception?
a preconceived idea or prejudice.
Where does the name mass come from?
Its comes from the Latin word missa meaning 'dismissal
What is the Prefix for Prejudice?
The root word of prejudice is jud- which means to judge. Combined with the prefix pre- which means before, prejudice has the meaning of to judge before.
Can a judge decline a speedy trial request if the accused has a parole Holt?
The Sixth Amendment grants the right to a speedy trial, meaning that the state can't delay commencement of a trial indefinitely, especially if the defendant is being held in jail while awaiting trial. If the defendant is already on parole, has violated that parole, and is being held in custody, then there is no speedy trial violation because the defendant would be in custody, anyway. Under those circumstances, a judge could deny a dismissal motion based on a speedy trial violation.
In litigation what's the difference between an answer and a response?
In terms of written pleadings, an Answer is the first document filed by a defendant in a lawsuit. In the answer the defendant answers or responds to each individual allegation made in the Complaint. If the defendant does not answer the complaint, the court might enter judgment against defendant. A Response is a more general category of pleadings meaning just about every type of paper that responds to some paper filed by the other party, whether it is the plaintiff or defendant. Example: The defendant files a motion to dismiss or for summary judgment or for additional discovery. The plaintiff is required to respond to the request and give reasons why the request should be denied or the court will most likely grant the relief requested. Note that the "Answer" is a responsive pleading, therefore it could be called a Response in a way. But Responses that are in answer to requests during trial like the ones above and not called Answers. The term Answer is left to describe the defendant's pleading that gives his or her answers to the allegations of the Complaint
