Simple English definitions for legal terms
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Prejudice can mean two things in the legal world. First, if a court dismisses a case "with prejudice," it means the case is over and cannot be brought up again in another court. If a case is dismissed "without prejudice," it means it can be brought up again in a different court. Second, in a trial, a judge might not allow certain evidence to be presented if it could unfairly make the jury think badly of one party.
Prejudice can have different meanings depending on the context:
In civil procedure, when a court dismisses a case “with prejudice,” it means that the court intends for that dismissal to be final in all courts, and that res judicata should bar that claim from being reasserted in another court. A dismissal “without prejudice” means the plaintiff is free to refile the claim in a different court.
Example: A plaintiff files a lawsuit against a defendant, but the court dismisses the case with prejudice because the plaintiff had already filed the same claim in another court. The plaintiff cannot refile the same claim in any other court.
In evidence law, a judge might exclude a piece of evidence as “prejudicial” if it would unfairly bias the jury against a party. See Federal Rule of Evidence 403.
Example: In a criminal trial, the prosecution wants to introduce evidence of the defendant's past criminal record, which is not relevant to the current case. The judge excludes the evidence as prejudicial because it could unfairly bias the jury against the defendant.
Overall, prejudice refers to a situation where something is unfair or biased against someone or something. It can have serious consequences in legal contexts, such as preventing a plaintiff from reasserting a claim or influencing a jury's decision in a trial.