Remedial Law
Updated 25th May 2025
Dispositive
D

Dispositive refers to the part of a court's decision that resolves the matter before it. Specifically, the dispositive portion of a judgment contains the ruling or command of the court, separate from the extended discussion of the findings of fact and law supporting it.

A ruling is considered dispositive if it is an adjudication on the merits, resulting in a final disposition of the case or a particular issue. For instance, a dismissal with prejudice is an adjudication on the merits and constitutes a final disposition, barring future actions on the same claim. Conversely, actions that are not adjudications on the merits, such as dismissals without prejudice, are generally not considered dispositive of the substantive claim.

Therefore, a dispositive order or portion of a judgment is that which definitively determines the rights and obligations of the parties concerning the subject matter of the litigation.