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Nonsuit
NONSUIT

Definitions:

i. (Law) Judgment against a plaintiff because of failure to make out a legal case, etc.

ii. In England, the stopping of a suit by voluntary withdrawal of the plaintiff, or by the judge when the plaintiff has failed to make out cause of action or to bring evidence.
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* All seven elements should be in.


1. Considered purposeful and necessary to discontinue case.

2. Withdrawal not strictly a nolle prosequi, i.e., not by government.

3. Plaintiff was represented by a learned person (= counsel).*

4. Financial expenses of instituting and aborting case is affordable.

5. Refiling of case in another court or jurisdiction impossible.

6. Process of law followed before closing or delivery of judgment.

7. Miscarriage of justice does not occur as a direct outcome.
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* Or by self if competent.

See perfect failure (3).

See perfect failure (2).

See perfect failure (1).

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