With Prejudice Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of With Prejudice, written in plain English, along with examples of how it is used.
What is With Prejudice?
“If a lawsuit is dismissed “with prejudice,” the plaintiff is barred from brining another lawsuit on the same claim or cause.
History and Meaning of With Prejudice
The term "with prejudice" is a legal term that is usually used in the context of a court dismissing a case. When a judge dismisses a case with prejudice, it means that the plaintiff is not allowed to bring the same claim or cause of action to court again. This is due to the fact that the case has been dismissed with a final judgment, and any attempt to re-file the case would constitute an abuse of the judicial process.
This term dates back to the early English common law system and was originally used to refer to when a juror was biased against a party in a case. It wasn't until later in history that the term began to be used in the context of dismissing a case with prejudice.
Examples of With Prejudice
The judge dismissed the case with prejudice, which means the plaintiff cannot bring the same claim to court again.
The defendant's motion to dismiss was granted, but the case was dismissed without prejudice, allowing the plaintiff to re-file with more evidence.
The settlement agreement called for the case to be dismissed with prejudice, preventing either party from bringing the same claim in the future.
Legal Terms Similar to With Prejudice
Without Prejudice - when a judge dismisses a case without prejudice, it means that the plaintiff is allowed to bring the same claim to court again.
Double Jeopardy - this term refers to when a defendant is tried twice for the same criminal offense, which is prohibited by the Fifth Amendment of the U.S. Constitution.
Res Judicata - a legal principle that prevents a party from re-litigating a claim that has already been resolved in court.