Keith Mack
The legal term 'prejudice' has different meanings depending on the context in which it is used. In criminal, civil, or common law, the term 'prejudice' is used to refer to a final judgement or action, such as in the phrases 'with prejudice' and 'without prejudice'. While prejudice in its everyday sense refers to a negative or unfair attitude towards a person or group, it is important to note that the legal term has distinct technical meanings. Prejudice, in the legal sense, can have consequences in terms of case dismissals, settlements, and evidence admissibility. However, it is also essential to understand the broader impact of prejudice, which can lead to discrimination and unlawful behaviour. Research has explored the link between individuals' prejudices and specific unlawful actions, aiming to comprehend the varying experiences of people with different protected characteristics. While the connections between prejudice and unlawful behaviour are not entirely clear, it is evident that prejudice has the potential to cause harm and negatively impact individuals' rights and societal well-being.
Characteristics of prejudice breaking the law
| Characteristics | Values |
|---|---|
| Legal term | Prejudice |
| Legal context | Criminal, civil, or common law |
| Technical meaning | With prejudice and without prejudice |
| Action taken with prejudice | Final |
| Examples of action with prejudice | Dismissal with prejudice, conviction overturned |
| Dismissal with prejudice | Plaintiff barred from filing another case on the same claim |
| Dismissal without prejudice | Plaintiff allowed to refile, temporary end to proceedings |
| Documents marked "without prejudice" | Cannot be used as evidence in court |
| Freedom of information law | Exempt from disclosure obligations if publication would likely prejudice interests |
| Unlawful behaviour | Driven by structural barriers, over-simplistic categorisation, and patronising stereotypes |
| Age stereotypes | Particularly damaging and affect self-perception and abilities of older people |
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What You'll Learn
Dismissal with prejudice
In legal terms, "dismissal with prejudice" refers to a final judgement in a case, meaning the charges cannot be refiled. This type of dismissal indicates that the case is permanently over and cannot be brought back to court. It is important to note that this does not imply that prejudice occurred during the legal proceedings.
A "dismissal with prejudice" can occur due to several reasons. For instance, if the court finds that the evidence does not support the plaintiff's claims, or if the plaintiff is deemed to have acted in bad faith or recklessly. Additionally, if an additional claim is made that was not part of the original complaint, or if the defendant's constitutional rights have been violated, a case may be dismissed with prejudice. In some cases, a "dismissal with prejudice" may result from an out-of-court agreement or settlement between the parties.
On the other hand, a "dismissal without prejudice" means that the charges can be refiled or new charges from the same circumstances can be filed in the future. This type of dismissal is often granted to allow the plaintiff to correct procedural or technical issues with their filing. It is important to note that deadlines, such as statutes of limitations or specific refiling periods, may still apply in these cases.
Involuntary dismissals, where the defendant moves for dismissal and the judge grants the motion, are typically considered to be dismissals with prejudice. However, there are exceptions to this rule. Dismissals due to lack of jurisdiction, improper venue, or failure to join a party are not considered adjudications on the merits and are thus treated as dismissals without prejudice.
Voluntary dismissals, on the other hand, can be either with or without prejudice. If the plaintiff voluntarily dismisses a claim for the second time, it is considered a dismissal with prejudice.
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Dismissal without prejudice
In the legal context, the term "prejudice" has different meanings depending on whether it is used in criminal, civil, or common law. The term "without prejudice" is used during negotiations to settle a lawsuit. It indicates that a particular conversation or letter cannot be used as evidence in court.
A case that is "dismissed without prejudice" is only temporarily dismissed. The plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court. A dismissal without prejudice does not overturn the statute of limitations. However, certain elements of a case may be affected if the prosecution does not re-file charges in time; for example, the defendant may be released.
A judge may dismiss a case without prejudice to allow a particular side to address an issue with the case before trying again. A prosecutor may choose to dismiss a case without prejudice to address a weakness or issue with their case or to file a new case that is more or less serious than the original. For example, a prosecutor might dismiss an assault case without prejudice and then file a case of lesser assault.
A court may also allow a plaintiff to voluntarily withdraw from a suit through a Rule 41(a) dismissal without prejudice if the plaintiff would suffer hardship from continuing the suit. Additionally, under Rule 37(b)(2), a court may dismiss without prejudice to sanction a party acting in bad faith.
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Prejudice and unlawful behaviour
The term "prejudice" has different meanings depending on whether it is used in criminal, civil, or common law. In a legal context, prejudice differs from the more common use of the word and has specific technical meanings.
Prejudice always has the potential to cause harm, regardless of its form and intention. It reduces the value, status, or importance of people from a particular group. While individuals' prejudice does not always lead to unlawful behaviour, it can sometimes turn into discrimination and unlawful acts. For example, disability discrimination may be driven by structural barriers, oversimplistic categorisation, and patronising stereotypes. People with mental health conditions often experience more negative attitudes than those with physical disabilities. Similarly, older people are often treated in a benevolent and patronising way, which can affect their self-perception and abilities.
Expressions of religious prejudice often focus on visible differences, such as wearing a hijab. Muslims are among the most targeted groups for prejudiced attitudes, often linked to a perceived cultural threat. Research has also shown that while attitudes towards same-sex relationships and marriage have become more positive, prejudice still exists. For instance, helping behaviour, such as lending money, was found to be lower towards a person perceived as homosexual compared to a heterosexual person.
Attitudes towards women can also mask more subtle forms of prejudice. There is a disconnect between seemingly positive attitudes and the high levels of violence against women and girls. While solutions do not need to be group-specific to be effective, educational methods to change attitudes have proven successful across various groups.
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Prejudice in social categorisation
Prejudice is an unjustified or incorrect attitude (usually negative) towards an individual based on their perceived membership of a social group. This can include factors such as race, gender, political affiliation, age, religion, and so on. Prejudice is often associated with discrimination, which involves unjust actions or behaviours directed at these groups based on perceived differences.
Social categorisation is a process where individuals are classified as either belonging to our group (the "in-group") or another group (the "out-group"). This classification is based on social identity, and individuals may display prejudice towards out-groups to maintain positive self-worth and group identity. This can lead to in-group favouritism and out-group derogation, with individuals attributing positive characteristics to their own group and negative characteristics to the out-group. Social norms and conformity play a significant role in prejudice, as people tend to adopt the behaviours considered appropriate within their social group.
Theories such as Realistic Conflict Theory, Social Identity Theory, and Social Dominance Orientation explain prejudice in terms of cognitive biases, social categorisation, competition for resources, and personality differences. For example, Realistic Conflict Theory proposes that competition over scarce resources leads to prejudice, while Social Identity Theory suggests that prejudice arises from social categorisation itself.
Prejudice can have harmful consequences and is considered a global security threat by the United Nations Institute on Globalization, Culture, and Mobility. It can contribute to depression in both victims and perpetrators and can lead to scapegoating and violent acts. Prejudice has been a concern throughout history, particularly in relation to anti-Semitism and racism.
In a legal context, the term "prejudice" has specific technical meanings that differ depending on the type of law being practised. For example, in civil law, "dismissal with prejudice" indicates a final judgment that prevents the plaintiff from refiling the case, while "dismissal without prejudice" allows for the possibility of refiling.
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Prejudice and discrimination
Discrimination, on the other hand, consists of actions or behaviors directed at members of a group based on their perceived differences. It is the manifestation of prejudice through actions or behaviors, negatively affecting the targeted group. Discrimination can be based on race, ethnicity, age, religion, health, and other categories. For instance, racial discrimination can range from unfair housing practices such as redlining to biased hiring systems.
It is important to note that while a person may hold prejudiced views, they may not act on them. However, when prejudice is acted upon, it becomes discrimination. For example, an individual may hold racist beliefs but still serve customers from minority backgrounds. On the other hand, actively making disparaging remarks about others or perpetuating hate crimes constitutes discrimination.
In a legal context, the term "prejudice" takes on specific technical meanings, differing in criminal, civil, or common law. "With prejudice" indicates a final judgment, such as dismissal with prejudice, where a party is forbidden from refiling the case. Conversely, "without prejudice" allows for the possibility of future action, such as dismissal without prejudice, where the plaintiff may refile the lawsuit.
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Frequently asked questions
A case dismissed with prejudice is dismissed permanently and cannot be brought back to court. It is a final judgment, and the plaintiff is prohibited from bringing any other lawsuit based on the same claim.
A case dismissed without prejudice means that the lawsuit can be filed again by the plaintiff. The present action is dismissed, but the plaintiff may file another suit on the same claim in the future.
The term "without prejudice" is used during negotiations to settle a lawsuit. It indicates that a conversation or letter cannot be used as evidence in court and that no legal rights or privileges have been determined, waived, or lost by the result.
While prejudice always has the potential to cause harm, there is little robust evidence that directly links individuals' prejudice with particular acts of unlawful behaviour. However, expressions of prejudice can turn into discrimination and unlawful behaviour. For example, disability discrimination can be driven by structural barriers and patronizing stereotypes, and religious prejudice often focuses on visible differences.
