When it comes to legal terminology, understanding what a phrase like “with prejudice” means can be a challenge. To put it simply, when a court case is concluded “with prejudice,” the outcome or ruling cannot be challenged in the same court again. This means that the case is essentially closed, and there’s no recourse to raise the issue in the same venue.
One of the most common applications of “with prejudice” in the legal system is when defendants are winning summary judgment. Summary judgment is a legal judgment that is given when, based on the facts of the case, there is no need for a full jury trial. Depending on the specifics of a case, a judge may enter a summary judgment against a plaintiff “with prejudice.” This ruling prevents the plaintiff from filing the same lawsuit on the same facts, even if it’s in a different court.
On the other hand, a judge may also rule in favor of a plaintiff “with prejudice.” This ruling then prevents a defendant from filing the same lawsuit on the same facts, even in a different court. One of the most well-known examples of this is the Supreme Court decision in Brown vs. Board of Education.
In the case of Brown vs. Board of Education, the court determined that segregated schools were unconstitutional and entered a ruling with prejudice, meaning that segregation in public schools could no longer be challenged. This set a major precedent for discrimination cases, making it clear that unequal treatment based on race was not acceptable under any circumstance.
Conclusion
A ruling of “with prejudice” is a serious court order that prevents a case from being challenged in the same manner for the same issues. With this in mind, business owners should be aware of the implications of a “with prejudice” ruling in order to ensure they’re obeying all applicable laws. Understanding the legal system and court rulings like ‘with prejudice’ is an essential part of running a successful business.