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.
"Without Prejudice" redirects here. For the 2003 game show, see Without Prejudice?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.
With prejudice and without prejudice[edit]
Criminal law[edit]
Depending on the country, a criminal proceeding which ends prematurely due to error, mistake, or misconduct may end as being dismissed with prejudice or without prejudice.
Legal communications (documents and discussions) should only be labelled “without prejudice”, when such communication is putting forward terms to try to settle the commercial dispute or shows a willingness to negotiate.[2]
If the case ends without prejudice, the accused in the case (the defendant) may be retried. If the case ends with prejudice, the effect on the defendant (for the purpose of punishment) is the equivalent of a finding of not guilty, and they cannot be retried.
Some countries, however, allow the prosecution to appeal any acquittal.
Statutory provision[edit]
UK freedom of information law renders certain information exempt from disclosure obligations where its publication "would, or would be likely to", prejudice any of the interests protected by statutory provision.[14] Freedom of information jurisprudence on the test for "prejudice" was developed in the tribunal case of Hogan v Oxford City Council (2005) where the applicable interests to be protected need to be identified, the nature of the prejudice being contemplated, and the likelihood of the prejudice occurring.[15]