Louisiana Private Investigator Licensing Practice Exam

Which term describes a motion that requests a court to dismiss a case?

1. Motion to strike

2. Motion for summary judgment

3. Motion to dismiss

4. Motion for default judgment

The correct answer is: Motion to dismiss

The term that describes a motion requesting a court to dismiss a case is "motion to dismiss." This legal procedure is employed by a defendant in a case to argue that there is insufficient legal basis for the lawsuit to proceed, effectively asserting that even if all the allegations made by the plaintiff are taken as true, there is no legal claim that warrants the court's consideration. A motion to strike is often used to eliminate specific portions of a pleading that are deemed irrelevant or prejudicial, rather than dismissing the entire case. A motion for summary judgment seeks to resolve a case without a full trial, based on the argument that there are no significant factual disputes to warrant a trial, thus differing fundamentally from a motion to dismiss. Lastly, a motion for default judgment is filed when one party fails to respond to a lawsuit, allowing the other party to win by default, and does not address the merits of the case itself. The purpose of a motion to dismiss is to challenge the formulation of the case before the court moves to substantive legal discussions and hearings, serving as an early filter against claims that lack sufficient legal grounds.