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without prejudice

The case was dismissed without prejudice.
  law:  a lawsuit or proceeding ended without legal conclusions; i.e., it may be considered again as though the proceeding never happened
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A dismissal with prejudice cannot be re-filed by the same plaintiff with the same claim.

The following comments were retrieved from 9/26/08. (See that article for an interesting discussion.):

In many common law jurisdictions such as England, Canada, Australia, New Zealand and Singapore, the term "without prejudice" is also used in the course of negotiations to indicate that a particular conversation or letter is not to be tendered as evidence in court. Such correspondences must be made in the course of negotiations and must be a genuine attempt to settle a dispute between the parties. It may not be used as a façade to conceal facts or evidence from the court and as such a document marked "without prejudice" that does not actually contain any offer of settlement can be submitted should the matter proceed to court. Courts may also decide to exclude from evidence communications not marked "without prejudice" which do contain offers of settlement.

The term "without prejudice save as to costs" is a modification to the above and refers to a communication which cannot be exhibited in court until the end of the trial when the court awards costs to the successful party.
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  • The case was dismissed without prejudice.
  • I will undertake that if you will satisfy even me, a stranger, without prejudice, and with the habit of keeping an open mind, Dr. Seward will give you, at his own risk and on his own responsibility, the privilege you seek.
    Bram Stoker  --  Dracula
  • To make, madame, in the name of the king, and without prejudice to the respect which I have the honor to owe to your Majesty a close examination into all your papers.
    Alexandre Dumas  --  The Three Musketeers
  • "What follows is without prejudice, miss?" said Mr. Guppy, anxiously bringing a chair towards my table.
    Charles Dickens  --  Bleak House

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  • Believe me to be, dear Mr. Manager, without prejudice to these little observations, Your Most Humble and Obedient Servant, OPERA GHOST.
    Gaston Leroux  --  The Phantom of the Opera
  • Molly was a wonderful woman, generous and unselfish, utterly without prejudice.
    Nelson Mandela  --  Long Walk to Freedom
  • I had no hopes to give her, nor treasures to offer her, for mine are given to Dulcinea, and the treasures of knights-errant are like those of the fairies,’ illusory and deceptive; all I can give her is the place in my memory I keep for her, without prejudice, however, to that which I hold devoted to Dulcinea, whom thou art wronging by thy remissness in whipping thyself and scourging that flesh—would that I saw it eaten by wolves—which would rather keep itself for the worms than for the…
    Miguel de Cervantes  --  Don Quixote
  • If envy could find any part of the face which demanded less commendation than the rest, it might possibly think her forehead might have been higher without prejudice to her.
    Henry Fielding  --  Tom Jones
  • But Crimes of Infirmity; such as are those which proceed from great provocation, from great fear, great need, or from ignorance whether the Fact be a great Crime, or not, there is place many times for Lenity, without prejudice to the Common-wealth; and Lenity when there is such place for it, is required by the Law of Nature.
    Thomas Hobbes  --  Leviathan
  • Lydgate’s only relaxation now was to go and look at this woman, just as he might have thrown himself under the breath of the sweet south on a bank of violets for a while, without prejudice to his galvanism, to which he would presently return.
    George Eliot  --  Middlemarch

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  • To this the artist had given special care, and he had succeeded in combining the elemental force of the old man with a somewhat professional make-up of self-discipline and righteousness, without prejudice to his profundity; and had made of him, all in all, a really charming old gentleman, fit to adorn any drawing room.
    Hermann Hesse  --  Steppenwolf
  • There are no images for God in their temples, so that every one may represent Him to his thoughts according to the way of his religion; nor do they call this one God by any other name but that of Mithras, which is the common name by which they all express the Divine Essence, whatsoever otherwise they think it to be; nor are there any prayers among them but such as every one of them may use without prejudice to his own opinion.
    Thomas More  --  Utopia
  • But I think you should judge me without prejudice.
    John Gardner  --  The Sunlight Dialogues
  • And the government would increase the rate without prejudice to trade.
    Alexander Hamilton, James Madison, & John Jay  --  The Federalist Papers — Modern English Edition 2
  • The fact is, without prejudice to her genius, that she has no idea of burying herself alive.
    Henry James  --  The American
  • A man’s got the constitutional right to refuse Esper Examination without prejudice to himself.
    Alfred Bester  --  The Demolished Man
  • "No, he daren’t," answered Mistress Mary, thinking the thing out quite without prejudice.
    Frances Hodgson Burnett  --  The Secret Garden
  • In appearance, she works for the leaders of the best society; but she arranges matters so that these elegant ladies serve her purpose…without prejudice to other ladies who are…well…only so so.
    Luigi Pirandello  --  Six Characters in Search of an Author
  • Some of them were dropped without prejudice and allowed, if they wished, to sweat out their terms in the non-combatant services; others got Bad Conduct Discharges, or Unsatisfactory Performance Discharges, or Medical Discharges.
    Robert A. Heinlein  --  Starship Troopers
  • He felt that he could leave her with a quiet mind to tread the paths of distinction, and wished—but without abatement of patronage, and without prejudice to the retiring virtues of his favourite child—that he had such another daughter.
    Charles Dickens  --  Little Dorrit
  • We may therefore contemplate the tramps of the Sierra without prejudice, admitting cheerfully that our objects—briefly, to be gentlemen of fortune—are much the same as theirs, and the difference in our position and methods merely accidental.
    George Bernard Shaw  --  Man And Superman
  • As far as it would contribute to rendering regulations for the collection of the duties more simple and efficacious, so far it must serve to answer the purposes of making the same rate of duties more productive, and of putting it into the power of the government to increase the rate without prejudice to trade.
    Alexander Hamilton, James Madison, & John Jay  --  The Federalist Papers
  • Prof was carried to office of President of Grand Assembly, me being pushed alongside, and there he attempted to present his credentials as Ambassador to F.N. and prospective Senator for Luna—was referred to Secretary General and at his offices we were granted ten minutes with assistant secretary who sucked teeth and said he could accept our credentials "without prejudice and without implied commitment."
    Robert A. Heinlein  --  The Moon is a Harsh Mistress
  • Well, let me tell you this, Rodion Romanovitch, I don’t consider it necessary to justify myself, but kindly tell me what was there particularly criminal on my part in all this business, speaking without prejudice, with common sense?"
    Fyodor Dostoyevsky  --  Crime and Punishment
  • This has been without prejudice?
    Charles Dickens  --  Bleak House
  • Now, will you taste our wine, and without prejudice say what you think of it?
    Alexandre Dumas  --  The Three Musketeers
  • I shall try to follow the Professor’s example, and think without prejudice on the facts before me ….
    Bram Stoker  --  Dracula
  • …in most places of Scripture, a Kingdome Properly So Named, constituted by the Votes of the People of Israel in peculiar manner; wherein they chose God for their King by Covenant made with him, upon Gods promising them the possession of the land of Canaan; and but seldom metaphorically; and then it is taken for Dominion Over Sinne; (and only in the New Testament;) because such a Dominion as that, every Subject shall have in the Kingdome of God, and without prejudice to the Soveraign.
    Thomas Hobbes  --  Leviathan
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Associated words [difficulty]:   without prejudice [8] , prejudice [1] , plea bargain [7] , summary judgment [9]
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