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Discontinuance (2)
DISCONTINUANCE (2)

Definition: (law) The discontinuing of an action because the plaintiff has not observed the formalities needed to keep it pending.
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* All eight elements would be in.


1. Purposeful and necessary in the opinion of court.

2. Act was applied for by the plaintiff (to emphasize).

3. Made or confirmed after appropriate warning was issued.

4. No resort to jungle justice follows discontinuation.

5. Approved or authorized, at a cost to 'lazybones'.

6. Does not result in a miscarriage of justice (connect to #4).

7. Cannot be effected with an order not to revive action.

8. Serves purpose(s) - saves the time of court (and defendant!).
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See perfect DISCONTINUATION.



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