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To decide beforehand; to lean in favor of one side of a cause for some reason or other than its justice. 2. A judge ought to be without prejudice, and he cannot therefore sit in a case where he has any interest, or when a near relation is a part, or where he has been of counsel for one of the parties. Vide Judge. 3. In the civil law prejudice signifies a tort or injury; as the act of one man should never prejudice another. Dig. 60, 17, 74. (A) Bias or partiality, a preconceived opinion or favoring one side for a reason other than that of a conviction of justice. For example, a juror may be disqualified for prejudice or bias against a race or religion. (B) Procedure: With regard to a lawsuit, a case dismissed with prejudice means that the matter or the lawsuit has been permanently dismissed and barred from further litigation. This may be a decision on the merits of a case. A dismissal with prejudice allows a defendant to use the defense of Res Judicata with regard to an attempt of a party that tries to litigate a matter that has been dismissed with prejudice.

Law Dictionary – Alternative Legal Definition

A forejudgment; bias; preconceived opinion. A leaning towards one aide of a cause for some reason other than a conviction of its justice. The word “prejudice” seemed to imply nearly the same thing as “opinion.” a prejudgment of the case, and not necessarily an enmity or ill will agaiust either party. “Prejudice” also means injury, loss, or damnification. Thus, where an offer or admission is made “without prejudice,” or a motion is denied or a bill in equity dismissed “without prejudice,” it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost, except in so far as may be expressly conceded or decided.

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