In legal terms, “with prejudice” and “without prejudice” are phrases used to describe the consequences of certain legal actions or settlements.
In summary, “with prejudice” indicates a final and conclusive resolution, while “without prejudice” suggests that the dismissal is not final, and the plaintiff may have the option to refile the case.
With Prejudice
- Definition – If a legal action or case is dismissed “with prejudice,” it means that the matter is concluded, and the claims cannot be brought before the court again. The decision is final, and the plaintiff is barred from filing a new lawsuit on the same grounds.
- Implication – A dismissal with prejudice typically occurs when the court believes that the case has been resolved conclusively, often due to a settlement agreement or a judgment on the merits.
Without Prejudice
- Definition – If a legal action is dismissed “without prejudice,” it means that the dismissal is not final, and the plaintiff is not barred from bringing the same claims before the court again. The dismissal does not prevent the plaintiff from filing a new lawsuit based on the same facts.
- Implication – Dismissing a case without prejudice is often done when there are procedural issues or errors, or when the court believes that the dismissal is not a final adjudication of the merits of the case. It allows the plaintiff the opportunity to address the identified issues and refile the case.
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