2007-05-10 07:34:47 · 6 answers · asked by Ronald G 1 in Politics & Government ➔ Law & Ethics
A final and binding decision by a judge about a legal matter that prevents further pursuit of the same matter in any court. When a judge makes such a decision, he dismisses the matter "with prejudice."
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 greater than 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.
The matter was dropped and will not be re-filed! There is no guilty or not guilty!
2007-05-10 07:39:14 · answer #1 · answered by KC V ™ 7 · 0⤊ 1⤋
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2016-10-15 07:22:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
When something is done with prejudice it means that they could re-file the case later especially if new information comes up. Without prejudice means that the case may not be re-filed or no further action may be taken.
2007-05-10 07:38:40 · answer #3 · answered by meathookcook 6 · 1⤊ 1⤋
Means they decided not to prosecute, but not because they didn't think the person wasn't guilty. Could be any number of things, like they didn't have enough evidence or had a witness refuse to testify, which cut their chances of winning too low to procede.
2007-05-10 07:38:08 · answer #4 · answered by Waiting and Wishing 6 · 1⤊ 1⤋
it means the charges may be refiled at a later date. if they're withdrawn WITHOUT prejudice, they cannot be refiled
2007-05-10 07:38:29 · answer #5 · answered by kapute2 5 · 0⤊ 1⤋
Neither, it just gets dropped, but can not be refiled in the future.
2007-05-10 07:38:37 · answer #6 · answered by pedohunter1488 4 · 0⤊ 0⤋