Prejudice

1. In civil procedure, when a court dismisses a case “with prejudice,” it means that the court intends for that dismissal to be final in all courts, and that res judicata should bar that claim from being reasserted in another court. A dismissal “without prejudice” means the plaintiff is free to refile the claim in a different court.   

2. In evidence law, a judge might exclude a piece of evidence as “prejudicial” if it would unfairly bias the jury against a party. See Federal Rule of Evidence 403.   

 

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