When a case is disposed of, however, the court has made a decision based on the merits of the case. Usually when a case is dismissed, it is because of a procedural reason. When a case is dismissed, the court has thrown the case out without entertaining a final hearing on the matter. While they may sound similar, a disposed case is not the same as a dismissed one. If it is made without prejudice, however, then the plaintiff is permitted to refile after fixing his errors (like originally filing the case in the wrong jurisdiction). If the decision is made with prejudice, this means that the plaintiff cannot refile his case. The judge can make a decision on a dispositive motion with or without prejudice. A motion to dismiss is usually filed at the beginning of the case, while a motion for summary judgment is usually filed after all of the arguments have been heard. Whether the case is being brought in the correct venue (the district or county where the incident occurred)Ī motion for summary judgment, on the other hand, asks the court to make a decision based on the facts that have been laid out before it.Whether the court the action has been brought before has jurisdiction to decide the case.Whether the action was properly served upon the defendant(s). A court can dismiss an action for several reasons that are procedural in nature, including: A motion to dismiss does just that – it asks for a dismissal of the case altogether. A dispositive motion can be filed as one of two types: a motion to dismiss, or a motion for summary judgment. Dispositive MotionĪ dispositive motion is a type of motion that a lawyer can file asking the court to essentially put an end to the case. For this reason, the selling of stock is also referred to as a disposition of assets. The reason for the fancy title, rather than just saying that someone sold something, is that for a “disposition” to take place, the person had to have made an investment in an asset and is then selling that asset. For example, a disposition of assets can refer to the sale of a house and some of its contents (like furniture) from one person to another. The disposition of assets is the process of getting rid of assets either by selling them or otherwise transferring them to another person.
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