Dismissal by order of a judge is typically without prejudice. Choices:

• A. With prejudice
• B. Without prejudice
• C. Dismissal with prejudice is required
• D. Only with a jury

Answer: (B)

The main idea here is what effect a judge’s dismissal has on future lawsuits. When a case is dismissed by court order, the usual result is without prejudice. That means the court is not deciding the merits of the claims; it’s disposing of the current action so the plaintiff can address defects or pursue the claim again in a new action. The plaintiff remains free to refile (within the applicable time limits and subject to any other rules) because the dismissal does not bar the claim on its merits.

Only if the judge explicitly states that the dismissal is with prejudice would the plaintiff be barred from bringing the same claim again. So, in everyday practice, a judge’s dismissal tends to be without prejudice, unless the order itself says otherwise or the dismissal rests on an adjudication on the merits or on behavior that warrants a prejudice finding.