Prejudice (legal term)

Prejudice is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, prejudice differs from the more common use of the word and so the term has specific technical meanings.

Two of the most common applications of the word are as part of the terms with prejudice and without prejudice. In general, an action taken with prejudice is final. For example, dismissal with prejudice forbids a party to refile the case and might occur because of misconduct on the part of the party that filed the claim or criminal complaint or also as the result of an out-of-court agreement or settlement. Dismissal without prejudice (Latin: salvis iuribus, lit.'to preserved rights') allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may correct by filing again.


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