Prejudice (legal term)

Prejudice is a legal term with different meanings when used in criminal, civil, or common law. Often the use of prejudice in legal context differs from the more common use of the word and thus has specific technical meanings implied by its use.Letters or conversations written or declared to be 'without prejudice' cannot be taken into consideration in determining whether there is a good cause for depriving a successful litigant of costs. Prejudice is a legal term with different meanings when used in criminal, civil, or common law. Often the use of prejudice in legal context differs from the more common use of the word and thus has specific technical meanings implied by its use. Two of the more common applications of the word are as part of the terms 'with prejudice' and 'without prejudice'. In general, an action taken with prejudice is essentially final; in particular, 'dismissal with prejudice' would forbid a party from refiling the case, and might occur either because of misconduct on the part of the party who filed the claim or criminal complaint or could be the result of an out of court agreement or settlement. Dismissal without prejudice (in Latin, 'salvis iuribus') would leave the party an option to refile, and is often a response to procedural or technical problems with the filing that the party could correct when filing again.