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Home » Law Dictionary » W » WITHOUT PREJUDICE

WITHOUT PREJUDICE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Most frequently referring to a court procedure where a case or issue is dismissed but allowing the party against whom the dismissal is made to re-litigate or re-present the issue. None of the rights or privileges of the party are lost or waived. It signifies an absence of a decision on the merits and prevents a party from asserting a defense of Res Judicata. For example, a criminal case may be dismissed, without prejudice and before a jury is empanelled, allowing a prosecutor to collect more evidence and continue the prosecution against the defendant again from where it left. 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.

Related Posts:

  • PREJUDICE
  • WITH PREJUDICE
  • MOTION IN LIMINE
  • DISMISS WITHOUT PREJUDICE
  • RESTING A CASE
  • TRIAL

Filed Under: W

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