HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
legal prejudice
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A quick definition of legal prejudice:
Legal prejudice is when one party's legal rights or claims are damaged or detrimentally affected. It can be used as a defense to defeat an opposing party's action, especially in cases where the defendant can show that dismissing the case without prejudice would deprive them of a substantive property right or preclude them from raising a defense that will be unavailable or endangered in a second suit. Prejudice can also refer to a preconceived judgment formed without a factual basis or a strong bias.
A more thorough explanation:
Definition: Legal prejudice refers to a condition that can defeat a party's legal rights or claims. It can also refer to a preconceived judgment formed without a factual basis.
- If a defendant can show that dismissing a case will deprive them of a substantive property right or preclude them from raising a defense that will be unavailable or endangered in a second suit, it can be considered legal prejudice.
- Undue prejudice can occur when a fact-trier is exposed to evidence that is persuasive but inadmissible or that arouses emotions to the point where logical reasoning is abandoned.
- Prejudicial publicity can occur when there is extensive media attention devoted to an upcoming civil or criminal trial, which can deprive the defendant of a fair trial under the Due Process Clause.
These examples illustrate how legal prejudice can harm a party's legal rights or claims, and how it can also refer to a preconceived judgment formed without a factual basis. It is important to avoid legal prejudice in order to ensure a fair and just legal process.