10.28.2008

DISMISS >< ALLOW

(verb) to send away or dispose of, causing a matter to be removed temporarily or permanently.
"The court dismissed the claim without prejudice."

Antonym: allow: "After hearing the defendants' objection on the grounds of jurisdiction, the court decided to allow the claim."

dismissal (noun): "The defendant filed a motion for dismissal of the plaintiff's action."
Common phrases

dismiss with prejudice: to dismiss a case and disallow the plaintiff from refiling the action. This would occur in the event that the court finds that there are no legal grounds for the action. "Since the court found that the plaintiff's lawsuit had no merit and was filed solely for the purpose of harassing the defendant, the case was dismissed with prejudice."

dismiss without prejudice: to dismiss a case but allow the plantiff to refile the action. This occurs, for example, if the plaintiff has filed an action in a court that does not have jurisdiction over the matter or where the plaintiff incorrectly identifies the defendant. "A patent claim filed in a court of general jurisdiction will be dismissed without prejudice, and thus the plaintiff can refile the action in the patent court."
Source: translegal