Prejudice is a legal term with different meanings when used in criminal, civil, or common law. In legal context “prejudice” differs from the more common use of the word and thus has specific technical meanings. 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 final. For example, “dismissal with prejudice” forbids a party to refile the case, and might occur either because of misconduct on the part of the party who filed the claim or criminal complaint, or the result of an out of court agreement or settlement. Dismissal “without prejudice” allows the party the option to refile, and is often a response to procedural or technical problems with the filing that the party could correct when filing again
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