Prejudice — in plain language
a legal disadvantage or a permanent loss of the right to bring a claim or lawsuit again
From a fixed, curated glossary of 7,257 legal terms. Not legal advice. How it's made: plainlanguage.us/trust
Plain language
a legal disadvantage or a permanent loss of the right to bring a claim or lawsuit again
- harm to a legal right
- permanent loss of a claim
- legal disadvantage
- without losing the right to sue
What to watch for
- The everyday meaning ('bias') is completely different from the legal meaning ('legal harm' or 'finality'). Translators must never assume the reader understands the legal context.
- Translating 'without prejudice' as 'without bias' is a common error that renders the legal document nonsensical. It must be translated as 'without losing the right to sue' or 'without hurting your legal position.'
- Non-lawyers often fail to realize that a dismissal 'with prejudice' is a final, irreversible loss of their day in court.
Distinguishing from Everyday Meaning. The word "prejudice" is a classic "false friend." In common conversation, it means bigotry or bias. In law, it almost always relates to the status of a claim or the preservation of a right. Always check if the term is being used to describe a person's attitude (everyday) or the status of a legal claim (legal).
The Importance of "With" vs. "Without". The legal effect of the word changes entirely based on the preposition that precedes it: "With prejudice" = Finality. The door is locked. "Without prejudice" = Flexibility. The door remains open for future action.
What to Watch For. When you see "without prejudice" in a letter or contract, it is often a protective shield. It means the person writing the document is saying, "I am doing this or saying this now, but I am not giving up my right to take a different position or sue you later." If you translate it as "without bias," you lose the entire protective function of the phrase.
Legal definition
In a legal context, "prejudice" refers to a harm to a person's legal rights or the permanent loss of the ability to pursue a claim. It is most commonly used to describe whether a court case is finished forever or if it can be brought back to court later.
Meanings by context
everyday English: A negative bias or unfair judgment against someone.
with prejudice: The case is closed forever; you cannot sue over this same issue again.
without prejudice: You are allowed to bring this claim again later, or your current action does not hurt your future legal rights.
Examples
Legal: The court ordered a dismissal with prejudice of such action.
Plain: The court closed the case permanently, and the person who sued cannot bring this same claim to court ever again.
Legal: This payment is made without prejudice to Landlord’s right to recover the balance of such debt.
Plain: Making this payment does not mean the Landlord is giving up their right to collect the rest of the money owed later.
Legal: The settlement shall be without prejudice to the legal position of a Party in any subsequent Action.
Plain: Agreeing to this settlement does not hurt either side's legal arguments or rights in any future lawsuits.
Where you'll see it
- court orders
- settlement agreements
- contract negotiations
- legal correspondence
Related terms
- res judicata
- dismissal
- waiver
- estoppel
- standing
Word details
- Pronunciation
- PREH-juh-dis
- Part of speech
- noun
- Origin
- Latin — from 'praejudicium' — a previous judgment
- Domains
- civil procedure, contract law, litigation
- Frequency
- very common
- Formality
- high
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