A dismissal of a contract employee for a reason that the law or public policy has recognized as sufficient to warrant the employee’s removal. [Cases: Master and Servant 30(1.5). C.J.S. Employer–Employee Relationship §§ 35, 38–40, 42–43, 56, 60.]
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dismissal for cause 基于正当理由的解雇 根据法律或者公序良俗，认为某一合同僱员已无法胜任其职而将其解雇。
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A court’s dismissal of a lawsuit on substantive, rather than procedural, grounds, usu. because the plaintiff’s allegations are found to be untrue or because the plaintiff’s pleading does not state an adequate claim. [Cases: Pretrial Procedure 552, 622. C.J.S. Dismissal and Nonsuit § 50.]
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A plaintiff’s not having alleged facts in the complaint sufficient to maintain a claim. • This failure warrants dismissal of the complaint. [Cases: Pleading 48. C.J.S. Pleading §§ 116–124, 132–133.]
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A court’s dismissal of a lawsuit because the plaintiff failed to prosecute or failed to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b). [Cases: Federal Civil Procedure 1721–1842; Pretrial Procedure 551–602. C.J.S. Dismissal and Nonsuit §§ 43, 49–73.]
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A court’s dismissal of a lawsuit because the plaintiff has failed to pursue the case diligently toward completion. — Abbr. DWOP. — Also termed dismissal for failure to prosecute; dismissal for lack of prosecution. [Cases: Criminal Law 303.30(1); Federal Civil Procedure 1758; Pretrial Procedure 581–602. C.J.S. Dismissal and Nonsuit §§ 43, 51, 67–73.]
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dismissed for want of equity. (Of a case) removed from the court’s docket for substantive reasons, usu. because the plaintiff’s allegations are found to be untrue or because the plaintiff’s pleading does not state an adequate claim. See dismissal for want of equity under DISMISSAL(1). [Cases: Pretrial Procedure 552, 622. C.J.S. Dismissal and Nonsuit §
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motion to dismiss. A request that the court dismiss the case because of settlement, voluntary withdrawal, or a procedural defect. • Under the Federal Rules of Civil Procedure, a plaintiff may voluntarily dismiss the case (under Rule 41(a)) or the defendant may ask the court to dismiss the case, usu. based on one of the
nonsuit, n. 1. A plaintiff’s voluntary dismissal of a case or of a defendant, without a decision on the merits. • Under the Federal Rules of Civil Procedure, a voluntary dismissal is equivalent to a nonsuit. Fed. R. Civ. P. 41(a). — Also termed voluntary discontinuance. [Cases: Federal Civil Procedure 1691; Pretrial Procedure 501. C.J.S.
dismissed for want of prosecution. (Of a case) removed from the court’s docket because the plaintiff has failed to pursue the case diligently toward completion. See dismissal for want of prosecution under DISMISSAL(1). [Cases: Federal Civil Procedure 1758; Pretrial Procedure 581–602. C.J.S. Dismissal and Nonsuit §§ 43, 51, 67–73.]
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