Define: Throw Out

Throwing out a case refers to the dismissal of a legal action by a judge before it goes to trial. It can happen for various reasons, such as lack of evidence, procedural errors, or a failure to state a valid legal claim.

As an accused individual, you cannot directly throw out a criminal charge. However, you can hire an attorney who can challenge the charge on your behalf by presenting evidence, arguing legal defences, or filing motions to dismiss.

To contest a traffic ticket, you typically need to appear in court and present your case to a judge. You can argue your innocence, challenge the evidence against you, or raise any procedural errors that may have occurred during the issuance of the ticket.

Generally, you cannot simply throw out a contract if you change your mind. Contracts are legally binding agreements, and breaking them without valid reasons can lead to legal consequences. However, certain circumstances, such as fraud, duress, or a breach of contract by the other party, may allow you to seek remedies or terminate the contract.

If you wish to have a restraining order thrown out, you will need to file a motion with the court that issued the order. You must provide valid reasons and evidence to support your request, such as proving that the order was obtained based on false information or that the circumstances have significantly changed.

Challenging the validity of a will is possible, but it requires filing a legal action known as a will contest. To successfully throw out a will, you must prove that it was executed under undue influence, fraud, lack of capacity, or any other grounds recognized by the applicable laws.

Throwing out a divorce settlement agreement is challenging once it has been approved by the court. However, if you can demonstrate that the agreement was obtained through coercion, fraud, or a material mistake, you may be able to file a motion to set aside the settlement.

Non-compete agreements are generally enforceable if they meet certain legal requirements. However, if you believe the agreement is overly restrictive, unreasonable, or violates your rights, you can consult an attorney to explore potential avenues for challenging or modifying the agreement.

If a default judgment has been entered against you, you may be able to have it thrown out by filing a motion to set aside the judgment. To succeed, you typically need to show a valid reason for your failure to respond to the lawsuit, such as lack of proper notice or excusable neglect.

Once a bankruptcy filing is initiated, it is generally not possible to throw it out unilaterally. However, if you can demonstrate that the filing was done fraudulently or in bad faith, you may be able to request the court to dismiss the bankruptcy case. It is advisable to consult with a bankruptcy attorney for guidance in such situations.