Prejudice (legal term)

Criminal law

Depending on the country, a criminal proceeding which ends prematurely due to error, mistake, or misconduct may end as being dismissed with prejudice or without prejudice.


Criminal law

If the case ends without prejudice, the accused in the case (the defendant) may be retried. If the case ends with prejudice, the effect on the defendant (for the purpose of punishment) is the equivalent of a finding of not guilty, and they cannot be retried.


Prejudicial actions

A court may sometimes explicitly reassure a litigant that an action will not prejudice them. For example, if a defendant left an important document at home that was needed for the court hearing, the court may assure them that continuing the proceedings to a future date will not prejudice them in any way—that is, that it will not affect the court's judgment in a way that disfavors them. Or a court may assure a litigant that agreeing to a temporary arrangement, e.g. concerning custody of an asset whose ownership is disputed, will not prejudice their rights with regard to the eventual judgment of the court in the case. In other words, the litigant will not be waiving any rights other than those they're specifically agreeing to temporarily waive.

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