Home > Blossary: LAW-Dismiss
Dismiss is cease one, fire one from an officer position, also means discharge someone from guilt and accusation in Court, this can be a judge, prosecutor, juries, etc. Dismiss means also reject an appeal of Appeal Court. For dismissing/rejecting an appeal in Court, there can be many reasons: For ex. a simple one, appeal is sent to Appeal Court, after deadline, thus late, this can be a reason of dismissal, in many cases or so. In some extra cases, request of Lawyer who submits appeal for extension of deadline of submission for some sufficientlly justified and lawfully reasons can be given, provided that this application, is submitted within max. deadline of normal submission of appeal. The reasons for rejecting/dismissing an appeal after acceptance, can be about or almost the same, or of same category as rejection of claim of plea at First Instance Court, of course Appeal must be submitted and always (as also..above within deadline) against a ''final and irrevocable decision'' of First Instance Court, but which also have become definite at first grade. Then, actually Appeal is like a new plea/lawsuit, with same rules of Court Procedure, but the case is discussed more vastly and essentially, being a discussion of actually ''essence of case'' thus substance, but also with more wits and proof of evidence, elements that were not brought to Court and trial, possibly in previous case. The Appeal should be substantial and acceptable, more essentially, from the party who lost trial first time, (for ex. defender, who felt or relative interested parties, that for ex. decision has been unfair, or not duly justified, or that omitted to take into account, in this case up and> 2-3 legal rules that corresponded to law, on which claim of claimant had been based. If the Appeal fails to justify and include what ''legally and lawfully'' was missed in previous decision then Appeal can be dismissed/rejected. (In this case defender of A' Grade Court is called the Appealant). And same legal rules in acceptance or dismissal of Appeal, of plaintiff also, who has won the trial, but decision has not been enough satisfactory for him/her or any other relative interest parties (in case of group-trial), it can be for ex. the amount of compensation adjudicated, and in Appeal, he/she, apart from all above terms applying for acceptance of Appeal as Plaintiff, for ex. in appeal, a sole request/claim can be a different amount within amount claim as compensation in First Grade, or if any more new elements arise during trial of A Grade, in some cases, but justified as above, he/she can modify and ask more compensation in Appeal; these are the reasons and generally main cases of accepted or dismissed appeal. By all means, the claim of compensation (if applicable) again, should include a specified amount, also in this case, as new trial ..(actually and mainly a new chapter of same case), otherwise the appeal will be dismissed/rejected. Also in Appeals of Administrative Court, B'Grade, differences of essence between parties must be discussed, and essentially-substantially, by taking into account the content of appeal, and which must be strictly based on typical laws, (ACP), that are most dominant in Administrative Law, and relative Courts and cases, and which typical laws, should correspond to essential laws, that include more (legal) rules; in case of failure to include in content, more than at least one-two essential laws, including in turn more rules,that justify claim of administrative act, and rest criteria of essence, in regard to typical laws again, that prevail and are dominant in Administrative Law, and on which legal right supporting claim, that has led to decision X of Admin. Court of First Grade, always being definite decision of this First Grade , following a final decision on which a objection or not had been made but case has been filed, within a certain deadline (can be for ex. 30 days), with all rest applicabe being the same as in First Instance Court of First Grade, in terms of ACP (in this case) and a definite decision was made, then Appeal in Administrative Appeal Court can be rejected or accepted, for administrative acts of regulatory validity force, personal acts or so.

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