Dismissal — in plain language
when a court ends a lawsuit without deciding who wins, or when an employer fires someone
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
when a court ends a lawsuit without deciding who wins, or when an employer fires someone
- case closed without a trial
- firing someone from their job
- ending a lawsuit early
What to watch for
- The everyday meaning of 'getting rid of someone' (like firing an employee) is different from the legal meaning of ending a lawsuit. Always check the context to determine which meaning applies.
- Dismissal with prejudice means the case is permanently ended and cannot be refiled; dismissal without prejudice means the case can be brought again. A plain-language translation must preserve this distinction.
- In employment contexts, 'dismissal' often appears alongside 'termination' and 'severance' — these are related but distinct concepts that should not be translated interchangeably.
- Court dismissals are often described as 'with prejudice' or 'without prejudice' — these Latin phrases must be translated to plain language, not kept in the original.
Two Very Different Meanings. "Dismissal" has two common but unrelated meanings. In court cases, it means ending a lawsuit early. In employment, it means firing someone. The context usually makes it clear which meaning applies, but translators should watch for documents that discuss both (like employment discrimination lawsuits).
With Prejudice vs. Without Prejudice. This distinction is crucial in court dismissals. "With prejudice" means the case is permanently over and cannot be refiled. "Without prejudice" means the case is paused and can be brought again. Always translate these phrases into plain language rather than keeping the Latin terms.
Common Misunderstandings by Non-Lawyers.
- "If my case was dismissed, I lost." (Not necessarily — dismissal often means the case ended early for procedural reasons, not that anyone was found liable.)
- "Dismissal means the same thing as termination." (In employment law, they are often used interchangeably, but in court proceedings, dismissal has a specific legal meaning.)
Legal definition
When a court ends a lawsuit without holding a full trial and deciding who wins, or when an employer fires someone from their job. In court cases, dismissal means the case is closed early — either permanently or temporarily. In employment, it means someone has been let go from their position.
Meanings by context
dismissal with prejudice: The case is completely finished and cannot be brought back to court.
dismissal without prejudice: The case is paused for now, but can be started again later.
employment dismissal: Getting fired from your job.
Examples
Legal: The plaintiff's claims are hereby dismissed with prejudice pursuant to the parties' settlement agreement.
Plain: The lawsuit is completely finished and cannot be brought back to court because both sides agreed to settle.
Legal: Employee acknowledges that the Company may terminate employment at any time, with or without cause, and may make dismissal effective immediately.
Plain: The employee understands that the company can fire them at any time, for any reason, and they could be told to leave right away.
Where you'll see it
- court filings
- employment contracts
- loan agreements
- settlement agreements
- criminal cases
Related terms
- judgment
- order
- verdict
- termination
- discharge
- claim
- complaint
Word details
- Pronunciation
- dih-MIS-ul
- Part of speech
- noun
- Origin
- French — from 'dis-' (away) + 'mettre' (to put) — to send away, put aside
- Domains
- civil procedure, criminal procedure, employment law, contract law
- Frequency
- very common
- Formality
- moderate
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