What Disposed Means Legally
An object may be said to have been disposed when it is cleared out, when the property in it is transferred or passed away to another, or when the subject or matter to which it had been appropriated is removed or taken away. Disposing of that which was allotted to him is clearly the transferring to his own use and right of a separate property. The adjective "acquisitive" is closely allied to the verb "dispose." A person disposes of a thing when he acquires its ownership. For when one man who is the rightful owner of a chattel contracts with another man to pay him a sum of money for a certain interest in the property, the former disposes of that property immediately. He has become a bailor for hire. But if he demands that money back and does not sell an interest, he does not dispose of the property; for he still remains the owner of a part . Thus, the term `to dispose of’ is not applied to acts by which property or the right to property is acquired by the exertion of one’s own body or mind, such as labor, industry, art, mercantile skill, etc., but is used to signify some act by which one who already has acquired possession of property, or already had a right to possess it, divests himself of the property or gives up the right. When legislation speaks of a disposition of property, it means "some operation of law or contract whereby the title to property, in whole or in part, is transferred from one person to another;" i.e., any act by which the transferee suffered by his own voluntary act or fault the deprivation of property or right already vested in him, in favor of another person.
Common Situations for Disposition
The term "disposed" finds application across a variety of contexts in legal proceedings—from administrative matters to criminal prosecutions to civil actions. For example, if an administrative agency has a regulatory action against an individual or entity, and that action results in a settlement, the agency may identify the case as having been disposed. On the other hand, a criminal prosecution may end with a plea agreement, at which point the case has also been disposed. In both instances, when the case has been disposed, some step has been taken toward bringing the matter to resolution. That step may entail payment of a fine, an admission of fault, or the enactment of another measure that effectively closes the case and places the matter, at least temporarily, in the past.
With respect to civil matters in federal court, a case is said to be disposed once all appeals have been heard or exhausted. While some consider an appellate case to be part of the proceedings proper, within the context of a single case that is filed, a more common understanding is to dispose of any and all appeals to complete the case. Only then does the case close.
Dismiss vs Disposed: What’s the Difference?
A commonly misunderstood legal term is "disposition." The term is often mistakenly thought to be interchangeable with another legal term, "dismissal," but the two terms have different meanings and implications, which are important to understand. In this section, I will clarify the differences between a case being "disposed" or "dismissed" for purposes of clarity in assessing how a case is ultimately resolved.
Disposal of a case can relate to a wide variety of ways a case is completed, whereas dismissal typically means a dismissal of a case as to all issues as raised by a client against a defendant. The difference in meaning is why it is important to understand that even if a case is disposed, that does not mean that all issues have been resolved or that there has been a dismissal as to the claims or issues raised by a party in a given case.
A great example of difference in terminology can be illustrated in a case in which, for example, a jury awards a plaintiff the maximum amount of damages allowed by law as to certain claims, and the jury awards nothing as to other claims (and a judgment is entered against the plaintiff as to such issues). In that case, while the case has been disposed (as to the causes of action in which the jury awarded no damages), it has not been dismissed as to such claims, and the plaintiff may pursue an appeal as to those issues.
As another example, an appellate decision may dispose of a case by vacatur only as to certain claims, while remanding the case back to the lower court for further proceedings as to claims which were upheld on appeal, and/or vice versa with certain claims being upheld and others being overturned. An order which is a complete dismissal as to all issues, but which also does not have a final date as to the remaining issues, may be considered a "disposal" of a case as well because there is nothing more for the trial court to do as to the written determination until allowance of an appellate writ as to any remaining issues, but that may or may not be an "appealable final order."
The point is: When you see the word or term "disposition" of a case, you need to consider how, when, and under what circumstances the case has been disposed. A case may be considered disposed under the law, but an appeal can still move forward as to issues which the court as to which the case was not disposed. Because of muddies in the waters on this issue, it is possible that a case which, in substance, has been disposed — in all respects at that point in time — may still be during the pendency of a related appeal with respect to certain issues.
What Happens When a Case is Disposed
When a case has been disposed, the bottom line is that the case is closed and there is nothing further to be done. However, for the parties in a lawsuit, it is important to know how the case was disposed of, because that will determine the finality of the resolution. If the case was disposed of under a consent order agreed upon by the parties, then the lawsuit is resolved. It may very well have been a situation where the parties were able to amicably reach a solution between themselves without intervention of the court. Likewise, a summary judgment by the court renders the case disposed. This may arise in a situation whereby the court feels that enough evidence has been presented, making further litigation unnecessary. Regardless, as a summary judgment is essentially a decision by the court, it signals that the case is resolved. A dismissal of a case or a voluntary stipulation of dismissal of the case also means that the dispute is settled and the case is disposed . These scenarios signal finality between the parties, meaning the matter is closed. This may occur after a mediation effort, in which the parties were able to come to an amicable resolution of their problems between themselves. In some instances, though, dispositions can be left open, meaning the case is not, in fact, concluded and still may be litigated further. Specifically, if a case was disposed because the plaintiff failed to make the proper appearances in court, the case can be disposed but the court will note that it has been dismissed without prejudice. That allows for the case to be reopened at a later date, if the plaintiff can fulfill his or her obligations to the court. Until that time, the case will be disposed and essentially closed out of the court calendar. It will not be disposed of with prejudice, though, which would preclude re-opening.
Actions After Disposing of a Case
The procedures which follow the case’s disposition vary by the nature of the case and the manner in which the case was disposed of. Cases resolved through settlement in mediation, for example, are disposed of differently from cases resolved with a finding of liability at trial. Likewise, cases disposed of with a finding of liability at trial are disposed of differently than those resolved by a ruling on summary judgment. Typically, a case that is settled is reduced to a written memorandum of understanding, or settlement agreement, then a motion to dismiss is entered by the parties, and once approved by the Court, the case is disposed of. Unlike the dismissal of a case by motion to dismiss or for lack of prosecution, which means a case has been disposed of without a final judgment, a case disposed of pursuant to settlement is complete.
Cases disposed of by an adjudication at trial are also disposed of. The jury’s verdict is typically formulated into a written document submitted to the Court, the compensation for damages awarded to the plaintiff is entered into a judgment, and the case is disposed of. A case resolved by summary judgment is completely disposed of when the Court enters a judgment in favor of the defendant. A judgment may include the award of attorney’s fees to the prevailing party. A judgment does not dispose of the case to the same extent as settlement, trial or summary judgment, because it may be appealed. Generally, appeals are entered with a lower appellate court by obtaining certification of the prior judgment or entry of the trial court’s ruling in motions for new trial. Appeals that are successful may reverse the prior decision or remand the case for further proceedings.
If a judgment has been entered, the process of enforcement include obtaining information needed to collect the judgment. This may be done through post-judgment interrogatories and document production. If post-judgment remedies efforts fail, certified mail notice may be delivered to any person or entity believed to have money or property belonging to the judgment debtor. If a party has assets it wants to protect from a claim for debt collection, a pre-judgment remedy proceeding is one option. Writs of garnishment allow a creditor or claimant to seek money, property or other assets in the possession of banks, retailers, stock brokerage houses, employers, insurance companies, motor vehicle offices, and other source persons or entities who owe money to the debtor. Post-judgment remedies for enforcement include wage garnishment, forced sale, assignment of rents and levies.
Final Thoughts on What it Means to be Disposed
Understanding a legal term like ‘disposed’ is critical for anyone trying to gain an understanding of a legal matter. For legal professionals, clear comprehension of such terms is essential to delivering professional services, whether that is through drafting legal documents, making powerful legal arguments, or simply navigating the law as it applies to your client. For clients and potential clients, understanding what a word like ‘disposed’ means in legal context is important to making sense of a document they have received, a settlement they are contemplating, or even a court decision that has gone in their favor or defeat.
The context of the word ‘disposed’ is important , as it refers to the outcome of a matter. If a case is disposed of in a certain manner, then its final status is supposed to reflect that disposal. A motion is submitted, and the court then ‘disposes’ of it in an orderly fashion. A case is disposed of in a way that results in an appeal, the appeal is disposed of in a way that is final, or leaves open a possibility for a reference back to the originating court. In short, knowing how the term ‘disposed of’ is used across different legal institutions can help a legal professional, or someone involved in a legal matter, to understand where their matter is at, and how resolution has been achieved – or how it could be – with the goal in mind of bringing any matter toward closure.