请输入您要查询的英文单词:

 

单词 without prejudice
释义

without prejudice


without prejudice

1. Without any detriment to or waiver of an existing or inherent legal right or claim. A: "But didn't the judge already decided the case in our favor?" B: "No, he dismissed it, but without prejudice, so the other party has the right to open another lawsuit against us."2. Of an offer, not to be admissible in a court of law, especially as an admission or liability or guilt. The company offered to settle out of court for $250,000 without prejudice for the accident.See also: prejudice, without

without ˈprejudice (to something)

(law) without affecting any other legal matter: They agreed to pay compensation without prejudice (= without admitting guilt).See also: prejudice, without

without prejudice


Without Prejudice

Without any loss or waiver of rights or privileges.

When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice, it signifies that none of the rights or privileges of the individual involved are considered to be lost or waived. The same holds true when an admission is made or when a motion is denied without prejudice.

The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started. Therefore, a dismissal without prejudice makes it unnecessary for the court in which the subsequent action is brought to determine whether that action is based on the same cause as the original action, or whether the identical parties are involved in the two actions.

The purpose and effect of the words without prejudice in a judgment, order, or decree dismissing a suit are to prohibit the defendant from using the doctrine of Res Judicata in any later action by the same plaintiff on the subject matter. The doctrine of res judicata (from the Latin, "a thing decided") is based on the importance of finality in the law. If a court decides a case, the subject of that case is firmly and finally decided between the persons involved in the suit, so no new lawsuit on the same subject may be brought by the persons involved. Therefore, the words without prejudice protect the plaintiff from a defendant's res judicata defense.

A court may also enter judgment with prejudice, however. This signifies that the court has made an adjudication on the merits of the case and a final disposition, barring the plaintiff from bringing a new lawsuit based on the same subject. If a new lawsuit is brought, a defendant can properly invoke res judicata as a defense, because a court will not relitigate a matter that has been fully heard before. Often a court will enter a judgment with prejudice if the plaintiff has shown bad faith, misled the court, or persisted in filing frivolous lawsuits.

without prejudice

a phrase written on correspondence to indicate that the contents are not to be founded upon in a court, particularly as an admission of liability. It is given effect in both England and Scotland but subject to some subtle exceptions.

Without Prejudice


Without Prejudice

A legal term indicating that an act should not be taken as a precedent. For example, if a criminal charge is dismissed without prejudice, the prosecutor may refile the same charge at a later date. Statements made without prejudice may be altered later and ordinarily may not be used as evidence in a court.
AcronymsSeeweb page
随便看

 

英语词典包含2567994条英英释义在线翻译词条,基本涵盖了全部常用单词的英英翻译及用法,是英语学习的有利工具。

 

Copyright © 2004-2022 Newdu.com All Rights Reserved
更新时间:2025/1/12 1:48:34