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What exactly does "without prejudice" mean and how does it work?
Oct 16, 2018 · Though "without prejudice" does mean what the dictionary says, and bdb's example of a claim in the wrong court being dismissed without prejudice (meaning the claimant is free to refile in the correct court, whereas without the phrase a dismissed claim could not be refiled) is a good one, it is not a magic spell that allows you to bypass the inconvenient bits of …
Law.stackexchange.comlegal writing - What is the purpose of including "without prejudice" …
without prejudice, save as to costs has the same effect with the addition that you are specifically making a settlement offer (like my example above). If a matter is resolved by a trial the judge will award costs either against each one party or order that each party pays their own costs; in general, the costs "follow the event" i.e. the losing party usually gets stuck with the costs.
Law.stackexchange.comDifference between "dismissed with prejudice" vs. "res judicata"?
Nov 27, 2023 · A dismissal "with prejudice" is a dismissal that has res judicata effect. A dismissal "without prejudice" is a dismissal that does not have res judicata effect and is usually entered for procedural reasons unrelated to the merits of the case, like failure to prosecute, or failure to secure service of process on a defendant. If a claim or party
Law.stackexchange.comCan you have a legally binding agreement in a "Without …
Jun 21, 2016 · If an agreement is reached through communications marked "without prejudice" it should be valid in court to the extent that it shows an agreement was reached and what the agreement was (but the court will not generally look at the documents marked without prejudice for other reasons – e.g. admissions made – if no agreement is reached).
Law.stackexchange.comWhat does it mean when a court case is "dismissed"?
May 14, 2021 · 10. A case can be "dismissed" at (most) any time (however, the further along in the process a case is, the less likely a judge will allow a case to be dismissed without very good reason). A case can be dismissed with or without "prejudice", which in this legal context means essentially "finality".
Law.stackexchange.comWithout Prejudice section of a letter - Law Stack Exchange
May 25, 2018 · without prejudice only has meaning within the context of an effort to negotiate the resolution of a dispute. So far, so good, you have a dispute and are trying to negotiate a resolution: this letter can be marked without prejudice. What it means is that this letter cannot be used as evidence of concessions made by you if you (or they
Law.stackexchange.com法律名詞Without Prejudice - 法律知識 - 香港討論區 …
Jun 7, 2013 · 繁 簡. "without prejudice save as to costs" (無損訟費以外的權利) 意思係這個. 建議如不接受,無損提出一方人的法律權利, 而只會在案件終. 結時, 法官考慮應否給予勝方訟費時, 會考慮雙方曾否嘗試庭外和. 解,免耗公帑及訟費. 原則上在without prejudice聲明下作出的
Discuss.com.hkCould a judge sentence someone who isn't on trial?
May 24, 2020 · @jmoreno Once the trail starts, jeopardy has already attached and the prosecution can't withdraw the charges without prejudice. A mistrial may be possible, but it seems more likely the judge would simply tell the jury to ignore the confession and/or allow the defence to call the person as witness. –
Law.stackexchange.comWhat is the effect of saying "we reserve our (client's) rights" when
Aug 2, 2015 · It is done to prevent or at least provide a defence against a latter argument based on Estoppel; which at the risk of trivialising something that is very complex means that if you indicate to someone that you will or won't do something and they act on that indication then they may have a claim if you don't do what you indicated.
Law.stackexchange.comunited states - Is everyone who is acquitted in a criminal trial
Jul 2, 2022 · Normally "prejudice" only applies to a dismissal or other order that ends a case before a verdict is reached. I assume that's where the "pre" comes from. I assume that's where the "pre" comes from. So I don't think one would use the terminology "acquittal with prejudice", because an acquittal by definition is a verdict.
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