Within the legal context, prejudice refers to the character of the judge’s dismissal of a case. For instance, when dismissing a case in civil courts, the courts either dismiss a case with prejudice or without prejudice. If the court dismisses a case with prejudice, then it indicates that the court’s decision on the specific legal matter with regard to the facts provided is final and absolute in all courts for all subsequent cases. Therefore, the principle of res judicata applies, effectively barring all future individuals from asserting the same claim in any other United States court. The court removes the case from the court’s docket. The dismissal is referred to as “an adjudication based on merits.” The only way to appeal a decision of dismissal with prejudice would be to file an appeal to a higher court (for example, appealing to the Supreme Court of the United States a decision of dismissal with prejudice from a United States Court of Appeals for the Federal Circuits). If the court finds that there was a fundamental violation of the constitutional rights of the defendant, then the finding could be the basis for a dismissal with prejudice.
On the other hand, if the court dismisses a case without prejudice, then it means that any future plaintiffs may refile the same or similar claim because the courts do not bar such subsequent claims. The future plaintiffs or even the same plaintiff who filed the dismissed case may refile for a possible correction of a procedural or technical problem during the legal proceedings. Quite obviously, the defendant prefers a dismissal with prejudice over a dismissal without prejudice.
Also, in the evidence law context, if a judge determines that a piece of specific evidence is unjustly biased against a party in front of the jury, then the judge may exclude the evidence as “prejudicial.” The Federal Rules of Evidence 403 governs the dismissal of the evidence as “prejudicial.”
Finally, prejudice may refer to the more common usage term that indicates preconceived opinions towards another based on stereotypes and misconceptions rather than factual evidence, reason, or experience.
See: Semtek Int'l Inc. v. Lockheed Martin Corp., 531 U.S. 497 (2001), claim preclusion, issue preclusion, cause of action.
[Last updated in March of 2024 by the Wex Definitions Team]