The following can be gleaned from the wording supplied by the questioner: (1) One of the parties involved in a civil lawsuit filed a counter-claim against the other party. (2) the counterclaim was dismissed by the judge BUT the judge did not preclude the counter-claim from being re-worded or re-filed (i.e.: without prejudice). (3) The judge's reason was that, in their opinion, whatever matter the counter-claim raised was already addressed in the original suit (i.e.: moot).
No. A "vacated" judgment means that the court considers that the judgment never took place - is vacated - is rendered null and void. A "dismissed" judgment can be done two ways - "with prejudice" and "without prejudice." "Dismissed WITH prejudice" means that even if the facts presented are true the case is over and cannot be re-tried. "WITHOUT prejudice" means the same, EXCEPT, that the charges CAN be re-filed and the case re-tried.
18 years
A "Dismissed without Prejudice" order means that the lawsuit is being dismissed by the court, but the case can be re-filed if the party chooses to re-file. This often happens when a lawsuit is filed but, for some reason, it is not pursued. Maybe a plaintiff becomes ill, or maybe a witness can't be located. The possibilities are endless. Rather than the case sitting in the court docket without there being any activity on it, the court dismisses it. On the other hand, a case that is "Dismissed WITH Prejudice" means, usually, that the claim is barred from being refiled.
By passing judgment without knowledge of what your judging. But then again who are we to pass judgment?
No. Once it is overturned and dismissed, it ceases being a conviction. You might need to have some paperwork cleaned up to reflect that.When it is overturned and then dismissed it ceases being a conviction.If the case was dismissed with prejudice, it may not be over. If the case was dismissed without prejudice, you are a free person with that conviction.Point of advice, unless you are fully prepared to do the time and are happy with the potential sentence, never submit a guilty plea...no matter how guilty you are. By doing so, you are voluntarily giving up your civil rights, and you generally have little recourse.
7 years.
BIAS or PREJUDICE
After 3 years, it will not be in effect and you can use it again if needed.
If the judgment was granted against someone other than the deceased the judgment is still valid and will remain until it is satisfied or paid in full.
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.
Bias
"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.