Dismissal with prejudice is a term often used in legal proceedings. In a larger sense, it can also define the end of a relationship or association. In situations where dismissal with prejudice is used, it is meant to signify a definitive end to a matter or relationship, without the possibility of it being resumed in the future.
In the legal context, dismissal with prejudice is an order issued by a judge. It means that a case or a lawsuit has been deemed to be settled or concluded, and it cannot be re-litigated or brought up for a second time at a later date. This type of dismissal occurs when all the issues pertaining to the case have been addressed and settled.
This differs from a dismissal without prejudice, which leaves open the possibility of the case or lawsuit being re-filed in the future. This type of dismissal generally takes place when an issue exists that would lead to the invalidation of the case or lawsuit if it were to proceed. Examples of such issues include lack of evidence or lack of jurisdiction.
Examples of Dismissal With Prejudice
In criminal cases, a court may enter a dismissal with prejudice if a mistrial is declared. A mistrial is a trial which has been terminated without a final verdict due to a technical, procedural, or legal issue. A dismissal with prejudice in such a circumstance would prevent the accused person from being tried a second time for the same crime.
In civil cases, an example of a dismissal with prejudice would be when the two parties of a dispute enter into an agreement. The court may enter a dismissal with prejudice, meaning that the matter is settled and cannot be re-litigated.
Final Thoughts
In a legal sense, dismissal with prejudice is a judicial decision that ends a lawsuit or dispute for good. It forecloses the possibility of the lawsuit being relitigated in the future based on the same issues. In any legal circumstance, it is important to understand the terms that are used and the repercussions thereof.