| The election of an African-American President was | | | | of us. You file a motion to dismiss my complaint on the |
| something few people thought would happen in their | | | | grounds that I didn’t serve you with the complaint |
| lifetimes. The reason? Prejudice against people of | | | | correctly. I argue that I served the lawsuit at your |
| color. Alas, there is an open prejudice in the legal | | | | home address and on your wife. You argue that a |
| system as well. The type of prejudice we are talking | | | | separation had occurred a week earlier and you know |
| about in this article, however, is not an offensive | | | | longer lived at that address. Under the laws of your |
| version and is often misunderstood. | | | | state, the court grants the motion to dismiss but does |
| The legal system, particularly the civil system, is very | | | | so without prejudice. This gives me a certain amount |
| forgiving in many ways. If a party makes a mistake, | | | | of time to serve the lawsuit on you in a proper |
| the system will often have a built in allowance for | | | | manner. |
| them to try again. This can be done through things | | | | Now consider a second case. I sue you for causing |
| such as amendments to pleadings and so on. The | | | | me to drive off the road and crash into a tree. I assert |
| term prejudice, as noted in the legal system, is a pillar | | | | that you did this because you are really an alien being |
| of this process. | | | | who can control the minds of people. You file a motion |
| What does the legal procedure concept of prejudice | | | | to dismiss on the grounds that I am completely out of |
| mean? It simply is an indicator that something is final or | | | | my mind and haven’t stated a legal cause of |
| not. A motion that is granted “with prejudice” is a | | | | action. The judge agrees, recognizes the case is |
| final ruling on that subject and it shall not be raised | | | | nonsense and grants the dismissal with prejudice. I am |
| again. A motion that is granted “without | | | | not barred from amending my complaint or trying |
| prejudice” is something the impacted party will | | | | again. |
| usually be allowed to try and fix within a set time | | | | These are obviously two extreme examples. That |
| period. An example helps show how this work. | | | | being said, they do bear out the concept of prejudice |
| I sue you for causing a car accident between the two | | | | as it applies to the legal system. |