What does motion to dismiss without prejudice mean?
348303
To dismiss the present action, but leave open the possibility of another suit on the same claim. \n\nTo dismiss WITH prejudice means to dismiss the present action, and deny the right to file another suit on that claim.
798870
The plaintiff was supposedly guilty of some crime, or immoral act, and should not be allowed to benefit from it.\n\n"A legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had 'unclean hands,' the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment. Unclean hands is a common 'affirmative defense' pleaded by defendants and must be proved by the defendant. Example: Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. Goodenough proves that Hardnose had shown her faked estimates from subcontractors to justify his original bid to Goodenough."
338430
A non-suit means that a judgment can be entered against that defendant (that is, the plaintiff is granted the divorce) because that person didn't respond (file an answer) in the proscribed period (21 days). \n\nDismissed without prejudice, I believe means that prior action didn't have any decisions against the defendant that would need to be taken into account in future actions. Future actions would probably have to do with distribution of marital assets or debts, property, any custody relations for children, etc. If the defendant is not involved in these issues, they'll be decided in favor of the plaintiff.\n\nThis is information found by searching public sites. If you need more specific advice, check out the referenced documents. For legal advice and representation, contact your local bar association or legal aid agency for a referral.
801767
I don't know the details of your case, but I think you are probably learning why you shouldn't be doing this pro-se.  \n\nIf you have been to attorneys and they have told you that the case has no merit, and you filed it pro se, then you may have subjected yourself to sanctions for a frivelous complaint.\n\nThe defendant in this matter has probably retained an attorney, and its the attorney who filed the answer and then moved for dismissal.  You should review the Federal Rules of Civil Procedure for information on how to proceed, if you are going to represent yourself.  However, I strongly suggest that you should retain counsel.\n\nIf you want to retain an attorney, contact your local or state bar association for a referral to an attorney licensed in Virginia.
946293
this is the law as it reads.  I hope you can figure it out from here.\n\nArt. 2375. Effect of judgment\n\nA. Except as provided in Paragraph C of this Article, a judgment decreeing separation of property terminates the regime of community property retroactively to the day of the filing of the petition or motion therefor, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment.\n\nB. If a judgment has been rendered on the ground that the spouses have lived separate and apart either after the filing of a petition for divorce without having reconciled or for six months, a reconciliation reestablishes the regime of community property between the spouses retroactively to the day of the filing of the motion or petition therefor, unless prior to the reconciliation the spouses execute a matrimonial agreement to the contrary. This agreement need not be approved by the court and is effective toward third persons when filed for registry in the manner provided by Article 2332. The reestablishment of the community is effective toward third persons when a notice thereof is filed for registry in the same manner.\n\nC. If a judgment is rendered on the ground that the spouses were living separate and apart after the filing of a petition for divorce without having reconciled, the judgment shall be effective retroactively to the date the original petition for divorce was filed, without prejudice to rights validly acquired in the interim between filing of the petition or motion and rendition of judgment. All subsequent pleadings or motions involving matters incidental to the divorce must be filed in the first filed suit.
705035
its called self incrimination, and its when what you say would hurt your case. Take the 5th amendment in order to not incriminate yourself or others.
696342
That means the moving party is asking the judge to dismiss a case while leaving the door open to allow it to be re-filed in the future. \n\nA dismissal WITH prejudice is a dismissal without permission to refile.
170726
The other folks here are correct.  You need a lawyer.  There are many technical requirements.  Some lawyers have difficulty with motions to dismiss or motions for summary judgment (even more technical then motions to dismiss).  Give the ten points to the second answer to your question, and good luck.
891783
"having the appearance of godliness, but denying its power. Avoid such people"\n\nIt means avoid and exclude people who aren't morally superior like you.\n\nKind of inflates ones head, huh?
968917
No, you can't get a case overturned if you dismissed it voluntarily. And you should not think that simply because the judge is allowing a motion to be filed that he or she necessarily will grant the motion.\n\nHowever, the best advice for you is undoubtedly to consult an attorney in your jurisdiction. A company will be represented by lawyers, and the court will not grant you any extra consideration simply because you're not trained.
430494
Even as a lawyer, I'm not exactly sure what answer you're looking for.  However...\n1) Custody.  Miranda is intended to protect from coercion.  Coercion as defined by the USSC is a danger primarily when people are in custody.  Ergo, no custody = no miranda.  Arrest always is equivalent to custody, that's easy.  But there are a lot of acses about the 'gray area' (e.g. people called i8n for questioning but not arrested; etc.)\n\n2) Questioning.  Miranda is an exclusionary doctrine.  You can only exclude things if you have questioned the suspect or attempted to elicit answers by other means.  A pre-miranda confession is admissible; so is a spontaneous post-miranda confession, in most cases.
1159068
No, the concept of the phrase is recognized as negative and that is all it does.\n\nThe second question will be answered by the trial court - once it returns there.\n\nThis is not a separation of church and state since the document was distributed to non-members of the church.  \n\nOn a sidenote, the Supreme Court of Iowa said it could go forward, it didn't however decided the case.  Now the US Supreme Court must determine if it wants to hear the case.  If they disagree with the Iowa court, then it returns for trial.  If they disagree, then the case will be dropped since there is no legal standing.\n\nThe point is that a ruling hasn't been made on the merits of the original case - this is just the finer points of the law being argued at this point.  In general, you can't just go out and smear somebody in writing without justification.  And that issue is for the trial court to decide eventually.
187437
Here's an example that I saw a lot in the last set of papers I graded (ugh):\n"Participating in this campaign is not my duty because I have no obligation to do so."\n\nThe conclusion, "Participating in this campaign is not my duty," is justified by the statement, "I have no obligation to do so."  However, the justification is just a restatement of the conclusion, so no real support for the conclusion has been given.  That is begging the question.
396666
Excuses mean nothing (explain nothing.) Excuses, excuses. \nA bridge to nowhere.\nIgnorance of the law is no excuse. \n\nThese are considered proverbs or popular sayings, their origin going back centuries. They are used to illustrate a point. A bridge to nowhere would be used for something that is futile, in other words, why would someone go to the trouble to build a bridge to nowhere?
799596
It basically means that the plantiff has taken no action regarding the case in a certain time frame since it was filed, and the court is stating that the case will be dismissed if no further action is taken by stated deadline.\n\nFor instance, if person A sues person B, and after a few weeks of activity, person A makes no motions or any other activity for months on end, then the courts can issue a notice of intent to dismiss due to lack of prosecution.\n\nThe time frame for this to occur is different in each jurisdiction (state, federal), but the principle is the same; that the plantiff takes no action in a case for a given period of time.
461205
You can file a motion for dismissal on the grounds that the defendant's right to due process has been violated, but this is something that is really best left to an attorney.\n\nIt is extremely rare that a motion for dismissal filed by someone representing him/herself is successful.
594594
you can refuse anything in court if you want to.  Now they may not agree with you...lol\nbut that is your prerogative if you wish to get thrown in the hoosegow....lol