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Dismissal - Civil Proceedings, Criminal Prosecutions

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A discharge of an individual or corporation from employment. The disposition of a civil or criminal proceeding or a claim or charge made therein by a court order without a trial or prior to its completion which, in effect, is a denial of the relief sought by the commencement of the action.

The legal effect of a dismissal varies depending upon its type. A dismissal, granted by a court that has exercised its discretion in evaluating the particular case before it, operates similarly in civil and criminal actions.

FURTHER READINGS

Cohen, Alan G., ed., et al. 1992. The Living Law: A Guide to Modern Legal Research. Rochester, N.Y.: Lawyers Cooperative.

Kraut, Jayson, et al. 1983. American Jurisprudence. Rochester, N.Y.: Lawyers Cooperative.

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