Paralegal Exam Prep

Category - US Legal System

A dismissal with prejudice means:
  1. That the plaintiff cannot sue again on the same claim.
  2. That the plaintiff can sue again on the same claim.
  3. That the plaintiff voluntarily requested a dismissal of the lawsuit.
  4. That the plaintiff and defendant agreed on a dismissal of the lawsuit.
  5. That the plaintiff sued the defendant in the wrong jurisdiction.
Explanation
Answer: A. A dismissal with prejudice means that the plaintiff cannot sue again on the same claim. When a court dismisses a case with prejudice the court has in effect made a decision based on the merits of the case. Therefore, the plaintiff cannot successfully re-file the case in an attempt to re-argue the merits of the case.
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