Prejudice (legal term)

In law, "prejudice" generally refers to harm or detriment to a party's legal rights or claim that could result from a legal action or ruling. It often indicates that a decision has been made that prevents a party from re-litigating a claim or issue. It's not simply an abstract feeling of unfairness, but a concrete impact on one's legal standing.

Key Aspects:

• Effect on Future Litigation: The core of the concept lies in its impact on a party's ability to bring or defend a claim in the future. A ruling "with prejudice" means the claim cannot be brought again. A ruling "without prejudice" leaves the door open for future litigation.

• Dismissal with Prejudice: A dismissal "with prejudice" is a final judgment on the merits of the case. The plaintiff is barred from refiling the same claim in the same court or any other court. This type of dismissal is typically granted when the plaintiff has failed to state a claim upon which relief can be granted, has failed to prosecute the case, or has committed some other significant violation of court rules.

• Dismissal without Prejudice: A dismissal "without prejudice" allows the plaintiff to refile the claim. This type of dismissal is often granted for procedural reasons, such as lack of jurisdiction, improper venue, or failure to comply with discovery rules. The plaintiff can correct the deficiency and refile the lawsuit.

• Amendments with/without Prejudice: Similar to dismissals, courts may allow amendments to pleadings (complaints, answers, etc.) "with" or "without" prejudice. Allowing an amendment with prejudice prevents the party from later trying to raise that specific argument or claim. Allowing it without prejudice means the party may attempt to do so later, usually after further investigation or discovery.

• Relevance in Evidence: The term can also apply to evidentiary rulings. If evidence is excluded with prejudice, it means the party is barred from introducing that specific evidence at any later stage of the proceedings.

Distinction from Bias:

It is important to distinguish legal "prejudice" from the more common understanding of the word as bias or preconceived opinion. While bias can contribute to a prejudicial effect in a legal context (e.g., a biased jury renders a verdict that prejudices one party), legal prejudice specifically relates to the impairment of a party's legal rights. The mere presence of bias does not automatically constitute legal prejudice. There must be a tangible, negative impact on the party's ability to pursue or defend their claim.