v. the ruling by a judge that all or a portion (one or more of the causes of action)
of the plaintiff's lawsuit is terminated (thrown out) at that point without further
evidence or testimony. This judgment may be made before, during or at the end of
a trial, when the judge becomes convinced that the plaintiff has not and cannot
prove his/her/its case. This can be based on the complaint failing to allege a cause
of action, on a motion for summary judgment, plaintiff's opening statement of what
will be proved, or on some development in the evidence by either side which bars
judgment for the plaintiff. The judge may dismiss on his own or upon motion by the
defendant. The plaintiff may voluntarily dismiss a cause of action before or during
trial if the case is settled, if it is not provable or trial strategy dictates getting
rid of a weak claim. A defendant may be "dismissed" from a lawsuit, meaning the
suit is dropped against that party.
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