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The ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony.
For example, an employer might admit in a without prejudice communication that it had failed to carry out certain procedures which might otherwise render a dismissal unfair, but the employee would normally not be able to show that admission to an Employment Tribunal to try and prove their claim.
When a court dismisses a claim and the plaintiff is barred from bringing that claim in another court. Under Federal Rules of Civil Procedure Rule 41(b), the default rule is that a dismissal is considered an ?adjudication on the merits,? and therefore with prejudice.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
Prejudicial adj. : having the effect of prejudice: as. a : tending to injure or impair rights [such a transfer would be to other creditors] b : leading to a decision or judgment on an improper basis [the evidence was excluded because it was more than probative]
If a decision or action is made without prejudice to a right or claim, it is made without having an effect on that right or claim: My client accepts the formal apology without prejudice to any further legal action she may decide to take.