What does dismissing with prejudice mean Meaning and Definition

Pronunciation

/dɪsˈmɪsɪŋ wɪð ˈprɛdʒədɪs/ 🔊

Part of Speech

Phrase

Definition

A legal term used to describe the dismissal of a lawsuit or claim with prejudice, meaning that the plaintiff is barred from bringing the same claim again in the future.

Examples

• The judge dismissed the case with prejudice due to lack of evidence.
• The company’s lawsuit was dismissed with prejudice, preventing them from pursuing the matter further.

Synonyms

• Dismissal with prejudice
• Case dismissed

Antonyms

• Case reinstated
• Claim allowed

Additional Information

When a case is dismissed with prejudice, it means that the court has made a final decision on the matter and the plaintiff is not allowed to bring the same claim again. This can be due to various reasons such as lack of evidence, improper filing, or failure to state a claim. Dismissing a case with prejudice is a more severe penalty than dismissing it without prejudice, as it prevents the plaintiff from pursuing the matter further.

In some cases, a dismissal with prejudice can be appealed, but this is typically only possible if the plaintiff can show that the court made an error in dismissing the case. It’s essential for plaintiffs to understand the implications of a dismissal with prejudice and to seek legal advice before pursuing a claim.

Dismissals with prejudice can also have significant consequences for defendants, as they may be required to pay the plaintiff’s court costs and attorney fees. In some cases, a dismissal with prejudice can also lead to a negative impact on the defendant’s reputation or business operations.

Etymology

The term “dismiss” comes from the Latin word “dismissus,” meaning “to send away.” The phrase “with prejudice” is derived from the Latin phrase “cum praejudicio,” meaning “with prejudice” or “to the prejudice of.”

Usage Notes

When using the phrase “dismiss with prejudice,” it’s essential to understand the context and implications of the term. In legal proceedings, the phrase is typically used to describe the dismissal of a lawsuit or claim. However, in informal contexts, the phrase can be used more broadly to describe the rejection of an idea or proposal.

Cultural References

The phrase “dismiss with prejudice” has been used in various TV shows and movies, including “Law & Order” and “The Good Wife.” In these contexts, the phrase is often used to describe the dramatic dismissal of a case or claim.

Idiomatic Expressions or Phrases

• Dismiss out of hand
• Throw out of court

Related Words or Phrases

• Dismissal without prejudice
• Case dismissed
• Claim allowed

Collocations

• Dismiss a case with prejudice
• File a claim with prejudice
• Appeal a dismissal with prejudice

Frequency of Use

The phrase “dismiss with prejudice” is commonly used in legal contexts, particularly in court proceedings and legal documents. However, its usage is relatively rare in informal contexts.

Common Misspellings

• Dismissing with predjudice
• Dismissal with predudice
• Dismiss with predijudice