Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Prejudice
n. 1. Damage or detriment to one's legal rights or claims. See dismissal with1without prejudice under DISMISSAL.
cause-and-prejudice rule
Criminal law. The doctrine that a prisoner attacking the conviction or sentence (as by a petition for writ of habeas corpus) on the basis of a constitutional challenge that was not presented to the trial court, must show good cause for failing to preserve the objection at trial, and must show that the trial court's error actually prejudiced the defendant. & The cause that will excuse the defendant's procedural lapse must ordinarily be some objective factor that made presentation of the defense impractical at trial, such as the reasonable unavailability of the legal or factual basis of the defense at trial, or wrongful governmental interference. As for the prejudice element, the defendant must show that some actual prejudice, such as a constitutionally invalid sentence, resulted from the trial court's error. The cause-and-prejudice rule creates a higher burden than the defendant would face in a direct appeal because it is intended to provide protection from fundamental miscarriages of justice rather than from minor trial court errors. But in death-penalty cases in which the defendant proves actual innocence, the court may grant relief even when the standards of the cause-and-prejudice rule have not been met. See actual innocence under INNOCENCE.
dismissal with prejudice
See DISMISSAL 11).
dismissal with prejudice.
A dismissal, usu. after an adjudication on the merits, barring the plaintiff from prosecuting any later lawsuit on the same claim. 0 If, after a dismissal with prejudice, the plaintiff files a later suit on the same claim, the defendant in the later suit can assert the defense of res judicata (claim preclusion). See RES JUDICATA.
dismissal without prejudice
A dismissal that does not bar the plaintiff from refiling the lawsuit within the applicable limitations period.
dismissed with prejudice
removed from the court's docket in such a way that the plaintiff is foreclosed from filing a suit again on the same claim or claims. See dismissal with prejudice under DISMISSAL (1); WITH PREJUDICE.
dismissed without prejudice
(Of a case) removed from the court's docket in such a way that the plaintiff may refile the same suit on the same claim. See dismissal without prejudice under DISMISSAL (1); WITHOUT PREJUDICE.
legal prejudice
A condition that, if shown by a party, will usu. defeat the opposing party's action; esp., a condition that, if shown by the defendant, will defeat a plaintiff's motion to dismiss a case without prejudice. ( The defendant may show that dismissal will deprive the defendant of a substantive property right or preclude the defendant from raising a defense that will be unavailable or endangered in a second suit.
notice-prejudice rule
A doctrine barring an insurer from using late notice as a reason to deny an insured's claim unless the insurer can show that it was prejudiced by the untimely notice.
undue prejudice
The harm resulting from a fact-trier's being exposed to evidence that is persuasive but inadmissible (such as evidence of prior criminal conduct) or that so arouses the emotions that calm and logical reasoning is abandoned. 2. A preconceived judgment formed without a factual basis; a strong bias. - prejudice, ub. - prejudicial, adj. prejudicial error See reversible error under ERROR (2).
with prejudice
adv. With loss of all rights; in a way that finally disposes of a party's claim and bars any future action on that claim <dismissed with prejudice>. See dismissal with prejudice under DISMISSAL.
without prejudice, adv
. Without loss of any rights; in a way that does not harm or cancel the legal rights or privileges of a party <dismissed without prejudice>. See dismissal without prejudice under DISMISSAL.