Trial is where judges and juries decide the outcome of a case. If you are not capable of ending up a dispute with your opponent then the case is likely to face a trial. The outcomes will be determined by the witness reports and evidences.
But the trial can be a lengthy process depending on the nature of your case. So it’s better to solve a dispute before the case sees a trial. There are two ways to make that happen. And this can be done through a demission or a settlement. Demission dismisses the case; on the other hand settlement ends up a case peacefully.
Motion to Dismiss
The title clearly represents that this is a way to dismiss a case. If a party finds the complaint of the opponent to be legally invalid then a motion of dismiss is filed. In this part, the evidences and info are exhibited into motion. Motion to Dismiss can be classified as following:
- Subject Matter Jurisdiction: If the case is filed in the wrong court then it will face the lack of subject matter jurisdiction. And the case will be dismissed.
- Personal Matter Jurisdiction: If the defendant is not connected enough with the place where the case was filed then the case may get dismissed. Because a court will not have jurisdiction over someone who is not connected with that area.
- Process Insufficiency: This is a very rare case but not something impossible. According to this if the process has errors in it then the case will be dismissed.
- Failure to Claim: A case will be dismissed if you fail to make a legally allegeable claim. If the defendant is charged of negligence but doesn’t have any legal responsibility then you can’t claim anything from him or her.
Motion of dismiss is held before the case discovery phase of the parties. But a settlement is arranged afterwards. In a settlement both parties end their dispute by paying damage charges.
Suppose Joe is a dump truck employee who negligibly left a trash-can in Sydney’s driveway. She didn’t notice that and she hit it with her car while coming in from a corner. The dents cost her $200. She gets a car accident lawyer and charges Joe. And in a settlement Joe pays her that $200 and Sydney withdraws her claim.
But both of these contain a vast area of terms and condition. So make sure to get a lawyer to handle a situation like that. After all don’t forget what Abraham Lincoln said about them, “A lawyer’s time and advice are his stock in trade”.