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 ?
Visible negative prejudices towards Muslims, especially in the last decade, have brought about a need to analyse anti-Muslim prejudice in detail as a cultural, political and also religious phenomenon.
This enabled the guest to converse without being able to form any prejudice about their fellow diners based on physical appearance.
Prejudice has been a focus of national attention in the aftermath of arrests involving excessive and deadly force by police officers against racial minorities.
Colleges and universities are microcosms of society and are therefore a logical place to address racial prejudice and prepare students to function in todays' racially diverse society.
The pyramid principle of prejudice states that the blatant prejudices of the few are magnifications of the latent prejudices of the many (Shields, 1986).
People who are obese, or short, but capable, often do not get jobs for which they are qualified; ethnicity is often a target of prejudice; prejudice still exists from the Civil War; and "plain" women often can't get TV positions as commentators or weather people.
Results from a second study suggest that observers actually perceive and use fWHR when evaluating another person's degree of prejudice.
QUESTION: Which popular female author wrote the novel Pride and Prejudice? The first three correct entries drawn at random will receive the prize as offered.
Racist behavior appears when social norms are weak or ambiguous, so that prejudice is attributed to factors other than the ethnic group.
By expanding the minimal group model to our understanding of prejudice, it is possible to explain why individuals hold negative differing evaluations, or biases, of and against others.
PREJUDICE against gays and lesbians was now more common than racism, according to a new study.
In doing so, it is asserted that counseling professionals must serve as role models first, in confronting their own ingrained prejudices, and second, in designing innovative research and intervention programs for populations across the life span.