Prejudice

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Prejudice

A forejudgment; bias; partiality; preconceived opinion. A leaning toward one side of a cause for some reason other than a conviction of its justice.

A juror can be disqualified from a case for being prejudiced, if his or her views on a subject or attitude toward a party will unduly influence the final decision.

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 with the designation without prejudice.

A dismissal without prejudice permits a new lawsuit to be brought on the same grounds because no decision has been reached about the controversy on its merits. The whole subject in litigation is as much open to a subsequent suit as if no suit had ever been brought. 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 defense of Res Judicata in any later action by the same plaintiff on the subject matter. A dismissal with prejudice, however, is a bar to relitigation of the subject matter.

A decision resulting in prejudicial error substantially affects an appellant's legal rights and is often the ground for a reversal of the judgment and for the granting of a new trial.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

PREJUDICE. 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 Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Results from the Crosswise Model show that people are significantly more prejudiced against women (37 per cent) than results from direct questions indicate (23 per cent).
The registrar letter also gives para-wise comments on the objections raised by the Provincial Finance Department in the 'prejudiced letter'.
Nancy Kelley, of NatCen, said: "It is important to think about the impacts of the fact that such a high proportion of us described ourselves as racially prejudiced."
Of Conservative voters, 39 per cent said they were prejudiced in 2013, compared to 24 per cent of Labour voters and 18 per cent Lib Dems.
If confronted, most people at the base would be puzzled; they don't consider themselves prejudiced. As you move higher up the pyramid, fewer and fewer people are represented, but the prejudicial attitudes and discriminatory actions become increasingly overt, obvious, and extreme.
We are all prejudiced in various ways and sometimes it takes a certain situation to bring it out.
Neighbourhood effects were negligible, although there was a small but statistically significant effect of %Whites in the neighbourhood (-0.015), suggesting that, after allowing for individual factors, Muslims living with a higher percentage of Whites were less prejudiced than those living in areas with fewer Whites.
We also discovered that being prejudiced toward Jews makes a person more likely to express prejudice toward Muslims than any other factor studied.
In the same fashion, reactants corresponding to the dimension <<cultural differences>> of the subtle prejudice scale have been referred to as probably not detecting prejudiced subjects, since many people in favor of progressive policies who feel close to racial or ethnic minorities believe it is important to recognize and value cultural differences.
Prejudice is also difficult to evaluate because in modern democratic societies there have been systematic campaigns against prejudice, racism, and xenophobia which have led people to seek to appear to be tolerant without abandoning their prejudiced attitudes (Gaertner & Dovidio, 1977; Meertens & Pettigrew, 1997; Saucier, Miller, & Doucet, 2005).
Indeed, with some people, you must question whether they really do realise that their words and actions are prejudiced and do cause serious offence.