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.

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.

References in periodicals archive ?
It is alleged that on January 21 for a purpose prejudicial to the safety or interests of the state he communicated information to another person that could be useful to an enemy.
Burns fan and equal rights campaigner Cox said the poet "must be performing back flips in his mausoleum at the sheer prejudicial idiocy of these individuals".
"Eliota Fuimaono-Sapolu of Gloucester Rugby was banned for three weeks after being found guilty of two charges of conduct prejudicial to the interests of the game contrary to Rule 5.12 of the Rules of the Rugby Football Union," a statement from the RFU read.
"The remarks that people were making were very discriminatory, prejudicial and stigmatizing toward individuals with mental illness.
This mission, he said, is meant to clarify the facts reported recently by the media saying that the headquarters include a secret detention center and was the scene of several serious human rights violations prejudicial to human dignity.
Old Coventrians' Callum McCluskey also admitted a charge of conduct prejudicial to the interests of the Union and/or game by trampling on an opponent during the match.
In a statement, the RFU said: "Delon Armitage of London Irish has been summoned to appear at an RFU disciplinary hearing charged with conduct prejudicial to the interests of the Union and/or the Game contrary to Rule 5.12 of the Rules of the Rugby Football Union 2010-11.
The female soldier involved in the scandal-Master Corporal Bianka Langlois--has also been charged with one count of conduct prejudicial to good order and discipline for her role in the alleged affair.
Beggs claimed Alan Turnbull QC made "frequent, deliberate, inappropriate and prejudicial" comments about him during his trial.
"What is unacceptable though is for the Government to make prejudicial remarks right at the outset.
But he is alleged to have played in three sevens tournaments during his ban and has been charged with three offences of conduct prejudicial to the interests of the game.