What does dismiss with prejudice mean Meaning and Definition
What does dismiss with prejudice mean
Pronunciation
/ˈdɪsmɪs ˌwit ˈprɪdjuːdʒ/
Part of Speech
Legal term
Definition
A court verdict or ruling that dismisses a case with prejudice is one that permanently bars the plaintiff from bringing the same lawsuit against the defendant again. It is a final decision that closes the case and prevents further legal action. The term “with prejudice” is used to distinguish this type of dismissal from a dismissal without prejudice, which allows the plaintiff to refile the lawsuit.
Examples
- The judge dismissed the case with prejudice, citing lack of evidence.
- After the dismissal with prejudice, the plaintiff’s attorneys advised them to seek settlement.
Synonyms
- Dismissal with prejudice
- Final judgment
Antonyms
- Dismissal without prejudice
- Continuation of the case
Additional Information
A dismissal with prejudice can have significant consequences for both the plaintiff and the defendant. For the plaintiff, it means they have exhausted their legal options and cannot refile a lawsuit. For the defendant, it provides final relief from the lawsuit and prevents future legal action related to the same claim.
In some cases, a dismissal with prejudice can be appealed, but the appellate court must determine that the original judge abused their discretion in issuing the dismissal.
It’s worth noting that a dismissal with prejudice is not the same as a settlement or a voluntary dismissal. A settlement involves a negotiated agreement between the parties, while a voluntary dismissal is a deliberate choice by the plaintiff to abandon their lawsuit. A dismissal with prejudice, on the other hand, is a judicial decision that permanently bars the plaintiff from pursuing the lawsuit.
The phrase “dismiss with prejudice” is often used in the context of civil litigation, but it can also apply to other types of court proceedings, such as bankruptcy cases or administrative hearings.
In conclusion, a dismissal with prejudice is a formal court ruling that closes a lawsuit and bars the plaintiff from bringing the same claim again. It’s a permanent decision that has significant implications for both parties involved.
Understanding the concept of dismissal with prejudice can be complex, and it’s essential to seek the advice of a qualified attorney to navigate the legal process effectively.
The term “dismiss” has its roots in Latin, where “dismissere” means “to send away.” The phrase “with prejudice” is derived from the idea of prejudice in a judicial sense, meaning a preconceived opinion or bias. In the context of law, a dismissal with prejudice means a permanent decision that is binding on both parties.
Usage Notes
The phrase “dismiss with prejudice” is commonly used in formal legal settings, such as court transcripts, judgments, and pleadings. It’s essential to use the correct terminology in these contexts to avoid confusion or misinterpretation.
When using the phrase, it’s crucial to specify whether the dismissal is with or without prejudice, as these terms have distinct meanings and implications.
Cultural References
The phrase “dismiss with prejudice” has been referenced in popular culture, including in TV shows and movies that depict courtroom dramas.
In the TV show “The Good Wife,” the character of Alicia Florrick (played by Julianna Margulies) often refers to dismissal with prejudice in her cases.
Idiomatic Expressions or Phrases
The phrase “dismiss with prejudice” is not typically used in idiomatic expressions or phrases. However, it can be used in combination with other phrases to convey a sense of finality or permanence.
For example, “The court’s decision to dismiss the case with prejudice was a definitive end to the litigation.”
Related Words or Phrases
- Dismissal without prejudice
- Voluntary dismissal
- Sentence
- Verdict
Collocations
The phrase “dismiss with prejudice” is often used in combination with the following words:
- Court
- Case
- Judgment
- Lawsuit
- Plaintiff
Frequency of Use
The phrase “dismiss with prejudice” is not commonly used in everyday language. It is primarily used in formal legal contexts and is often referenced in judicial opinions and legal literature.
According to the Corpus of Contemporary American English (COCA), the phrase “dismiss with prejudice” is used in approximately 0.01% of all legal texts published between 1990 and 2020.
Common Misspellings
The phrase “dismiss with prejudice” is often misspelled as “dismiss with prejudice,” “dismiss prejudice,” or “dismiss with out prejudice.”
It’s essential to use the correct terminology to avoid confusion or misinterpretation in formal legal settings.