In law, “with prejudice” means that a case has been dismissed permanently and cannot be refiled or brought to court again. It is a final decision that ends the legal claim for good.
If you’ve seen the phrase dismissed with prejudice in court documents, legal news, or TV shows, it’s an important term to understand because it determines whether a case is truly over or not.
Origin and Legal Background of “With Prejudice”
The term “with prejudice” comes from common law and has been used for centuries in courts in the United States, the United Kingdom, and other common-law legal systems.
In legal language, prejudice does not mean bias or unfair treatment in this context. Instead, it refers to legal harm or loss of rights. When a case is dismissed with prejudice, the plaintiff loses the right to bring the same claim again.
This phrase is most commonly used in:
- Civil lawsuits
- Criminal procedure decisions
- Motions to dismiss
- Settlement agreements
What “With Prejudice” Means in Practical Terms
When a court dismisses a case with prejudice, it means:
- The case is closed permanently
- The same claim cannot be filed again
- The court considers the matter fully resolved
- The plaintiff’s legal rights related to that claim are extinguished
This is different from a temporary or technical dismissal.
“With Prejudice” vs “Without Prejudice”
Understanding this comparison is essential.
| Term | Meaning | Can the Case Be Refiled? |
|---|---|---|
| With prejudice | Case is permanently dismissed | No |
| Without prejudice | Case is dismissed temporarily | Yes |
Example:
- Dismissed with prejudice means the case is over forever
- Dismissed without prejudice means the case may be corrected and refiled
Common Situations Where a Case Is Dismissed With Prejudice
Courts usually dismiss a case with prejudice when:
- The claim has no legal merit
- The plaintiff repeatedly fails to fix errors
- The statute of limitations has expired
- The case has already been decided
- The parties reach a final settlement
- The court wants to prevent abuse of the legal system
This type of dismissal protects defendants from facing the same lawsuit repeatedly.
Example Scenarios Using “With Prejudice”
Civil Case Example
A plaintiff files a lawsuit but fails to provide sufficient evidence after multiple opportunities.
Court decision:
The case is dismissed with prejudice, meaning the plaintiff cannot sue again for the same issue.
Tone: Final and authoritative
Criminal Law Context
Charges may sometimes be dismissed with prejudice if prosecutorial misconduct occurs or constitutional rights are violated.
Result:
The charges cannot be refiled.
Tone: Serious and protective of rights
Settlement Agreements
Many settlements include language stating that the case is dismissed with prejudice.
Meaning:
Both parties agree the matter is fully resolved.
Tone: Professional and conclusive
Example
| Context | Example | Legal Effect | Tone |
|---|---|---|---|
| Civil lawsuit | Case dismissed with prejudice | Cannot refile | Final |
| Criminal case | Charges dismissed with prejudice | Cannot re-charge | Serious |
| Settlement | Claims dismissed with prejudice | Case closed permanently | Neutral |
| Court sanction | Dismissed for repeated violations | Legal rights lost | Strict |
Legal Tone and Implications
The phrase “with prejudice” always carries a strong and final tone. It signals:
- Legal closure
- End of litigation
- No second chances
Judges use it carefully because it removes a party’s ability to pursue justice through the courts for that claim.
Polite and Professional Legal Alternatives
In formal legal writing, similar phrases include:
- Final dismissal
- Dismissed on the merits
- Case resolved conclusively
- Claim barred from refiling
These phrases are often used in explanations, summaries, or legal commentary instead of repeating “with prejudice.”
Common Misunderstandings About “With Prejudice”
- Confusing it with personal bias
- Legal prejudice refers to loss of legal rights, not unfair treatment
- Assuming it always means wrongdoing
- A case can be dismissed with prejudice even without misconduct
- Believing appeals are impossible
- Appeals may still be allowed, but refiling the same claim is not
FAQs
1. What does “with prejudice” mean in law?
It means a case is dismissed permanently and cannot be brought back to court.
2. Can a case dismissed with prejudice be reopened?
Generally no, unless overturned on appeal.
3. Is “with prejudice” good or bad?
It depends. It is good for defendants and finality, but unfavorable for plaintiffs.
4. What is the difference between with prejudice and without prejudice?
With prejudice is final. Without prejudice allows refiling.
5. Does “with prejudice” apply to criminal cases?
Yes, especially when charges are dismissed permanently.
6. Can parties agree to dismiss a case with prejudice?
Yes, commonly through settlement agreements.
7. Does with prejudice mean the case was decided on the merits?
Often yes, but not always. It means the claim is legally barred from returning.
8. Can a lawyer request dismissal with prejudice?
Yes, especially when legal defects cannot be corrected.
Conclusion:
“With prejudice” is one of the most important phrases in legal proceedings because it signals finality. When a case is dismissed with prejudice, the court is saying that the matter is legally finished and cannot be brought back again.
Whether you’re reading court documents, studying law, or following legal news, understanding with prejudice helps you accurately interpret what outcomes truly mean in the legal system.
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Jessica Brown is a language-focused writer who creates well-researched articles on word meanings, abbreviations, and everyday expressions. She contributes to meanvoro.com, delivering simple, reliable, and reader-friendly content designed to make complex terms easy to understand.
