Define: With Prejudice

A final and binding decision by a judge about a legal matter that prevents further pursuit of the same matter in any court. When a judge makes such a decision, he dismisses the matter “with prejudice.”

If a judge dismisses a case with prejudice it means the plaintiff may not bring the lawsuit for the same cause to the court a second time. A common reason to dismiss a case with prejudice is because of misconduct by the prosecution, the plaintiff acted in bad faith or the plaintiff failed to follow the rules of the court. Cases can also be settled voluntarily by the defendant and plaintiff before it goes to court if both parties agree to a settlement.

If a civil case is dismissed by the judge with prejudice this means the plaintiff is barred from bringing another lawsuit for the same incident and action back to the court again. In a criminal case if a case is dismissed with prejudice it means the defendant cannot be charged and brought to court a second time for the same offence. This is where we get the term “double jeopardy.”

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.