what does it mean when a court says that the claim is dissmissed without prejudice?

Answer 1

it means it can be brought up again.

if it was w/ prejudice it means the complainant can't bring up the issue at a later date.

in other words, if you were the defendant, you can be tried again.

Answer 2

"In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is over the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". This means that the dismissal is no bar to bringing a new lawsuit in a court that does have jurisdiction.

By contrast with prejudice means that a party's legal rights have in fact been determined and lost. To continue the same example, if instead the court had jurisdiction, but the plaintiff did not appear for the trial, the court would dismiss the case "with prejudice". That dismissal is a judgment against the plaintiff "on the merits" of the case, and extinguishes the claim that was being sued over. However, this does not prevent an appeal or a trial de novo if ordered by a higher court.

In many common-law jurisdictions such as England, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court. Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a facade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court.

There is also the term "without prejudice save as to costs" which is a modification to the above and refers to a communication which cannot be exhibited in court until the end of the trial when the court awards costs to the successful party."

Answer 3

You have done something wrong when you filed the case, improper service on the other party, failed to properly file with the court, etc., so "without prejudice" means you can file again if you correct why it was not filed correctly the first time. For more information on how to file a law suit go to the free self help web site "beyourownlaywer" at http://www.angelfire.com/ak5/beyourownlawyer Lots of info and examples.

Answer 4

It means that if the person who brought the claim wants to later fix whatever was wrong with it that caused it to be dismissed and refile it, they can. In other words, the judge probably thought there was a reason not to proceed with the filing at that time but wanted to give the people a chance to bring it later. You should read the complete ruling of the judge to find out what he thought needed to be fixed. Maybe you should ask an attorney because I'm not one. Good luck.

Answer 5

It means that the case is treated as though it was never heard. The plaintiff can refile without invoking double jeopardy. It's a do over.

Answer 6

the claim is dismissed, because the evidence you presented isn't sufficient to force a claim.

typically used for when you sue the wrong person, or something other.

it differs from the judge hearing your story and finding you to be FOS and thus not give you your claim

Answer 7

It means that you can file the case again if you get more evidence to support your claim.