A judge can also decide that his or her particular court lacks the authority to listen to the matter that the plaintiff or prosecutor has filed. In a criminal court, a judge can dismiss a case with prejudice, for example, when false accusations and lingering suspicions may do harm to the defendant’s reputation or position in the community. If the parties reach a settlement outside of court, the court will issue a dismissal with prejudice to prevent the parties from asking the court to hear their cases later. In civil court, a judge will want to prevent a ridiculous or “frivolous” lawsuit from returning for consideration. In this case, the judge has seen a reason to prevent the matter from returning to court. A dismissal with prejudice goes beyond simply stopping a case from moving forward. In a criminal case, this kind of dismissal prevents the prosecutor from refiling the same charges against a defendant using the same evidence. The plaintiff also loses the right to bring the case back to court for additional consideration.Ī dismissal with prejudice ends a case permanently. When a judge dismisses a case “with prejudice” the plaintiff’s case is legally damaged, and the plaintiff loses the right to continue seeking relief. Legally speaking, “prejudice” refers to damage to a plaintiff’s legal claim. In legal terms the word “prejudice” has a different (but related) meaning. We often use the word “prejudice” to refer to a hostile or biased position.
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