Prejudice With And Without Prejudice

Question: How do you petition the judge to remove a dismissed case "with prejudice" instead of without? I have a dismissed case that is "without prejudice" however since I work in Finance it's been devastating because no FDIC insured bank will allow me to work for them with unless it states "with prejudice". I am innocent and it was over a business agreement and I don't have the money to sue the man in civil court at this point and can't wait for the statue of limitations or for him to sue me because I don't think he will. He doesn't have the money or any evidence to sue me.

Answer: A judge will only dismiss a case with prejudice if there is clear and convincing evidence that the defendant was somehow deprived of his/her rights to due process of law, or if there is no way the defendant can get a fair trial. If a case is dismissed without prejudice, it means the case can come before the bench again, assuming there is enough prima facie evidence to sustain the charge. Sorry to be the bearer of bad news, but your chances of getting a judge to dismiss your case with prejudice are basically zero unless you can show the legal system somehow violated your rights.

Question: Is there a statute of limitations when a criminal case is dismissed without prejudice in california? friend was arrested for possession with the intent to sell durgs? the case is dismissed without prejudice. i would like to know how long does the d.a. have to refile charges? also checked the county court records online and it doesn't even show the charges ever being filed, what does that mean?

Answer: The statute of limitations upon that offense is three years. The period of time while charges were pending (if any) does not count towards that three years, but the period of time before charges were filed, and after their dismissal, does count. Contrary to what is said above, one dismissal of a felony (without jeopardy attaching) does not bar refiling the charge. (Pen C sec. 1387.) (Oops, sorry laughter, I did not intend to give you a thumbs down.)

Question: In a criminal drug case for Michigan how many times can the case without prejudice be dismissed? How many times can a person with an arrest of a drug charge have their case dismissed without prejudice for, and over a long period of time?

Answer: Until the courts know for sure who is innocent or guilty. Sometimes it takes awhile.

Question: Why Judge dismissed my case without prejudice? I filed a lawsuit – Pro se We had a hearing because Defendant filed (Motion to Dismiss). Judge ordered “Dismiss without prejudice. Q: Why the judge dismissed my case without prejudice? If my lawsuit was frivolous, she could dismiss my case with prejudice. If she needs more support or evidence, she could ask me to amend my complaint. What was the reason that the judge dismiss without prejudice. p.s. I know there are no right answers because we are not the judge. I want you to guess and some help.You know what I am talking about . Thanks

Answer: Really, it's not possible to guess. I would assume that the case as constituted was missing some vital information, but the judge felt that there could be some merit in the future.

Question: Would a jury who was completely rational and without prejudice conclude that Jesus was real or fake? Hypothetical situation here; a jury of super advanced robots with no human emotion and no prejudice or bias is being presented with two arguments – one for the physical existence of mythical Jesus and one against the physical existence of mythical Jesus. This jury examines only the evidence presented and heeds not the emotional outbursts from the audience and heeds not the threats of eternal damnation; is the evidence for Jesus being fictional stronger than the evidence for Jesus being real? Which way do you think this jury will vote?

Answer: There is not one single mention of Jesus in the entire Roman record - that is right - not one!!! At the same time as he was supposed to have been around there were a number of Jews claiming to be the messiah - all of whom are well recorded!! There is not a single contemporary record from any source and even the bible mentions of him like all other references were not written until many years after his supposed death!! He was supposed to have been a huge problem to the Romans and produced wonderful miracles but still not one contemporary record? Even the bible mentions of him like all other references were not written until many years after his supposed death!! Pilate is recorded in the Roman record as a somewhat lack luster man but no mention of a Jesus, a trial or crucifixion that would surely have been used to make him look brighter!! At best he was an amalgam of those others!!

Question: What is the difference in a court case being dismissed "with prejudice" or "without prejudice? " Also, I know that libel and slander mean the same thing only one is verbal and one is written. Which is which, or is that wrong? You guys are awesome! I was hoping to have an answer by tonight, not within 2 minutes! Note to Holbrook-PLEASE EMAIL ME THROUGH MY PROFILE. I have a geneology question for you. Hey Barry, I could'a looked it up, but this is more fun. And besides, I got two for one!

Answer: In law, the phrase without prejudice means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result. For example, if a party brings a lawsuit in small claims court but discovers that the claim is greater than the amount for that court to have jurisdiction, the lawsuit can be dismissed "without prejudice". This means that the dismissal is no bar to bringing a new lawsuit in a court that does have jurisdiction. By contrast with prejudice means that a party's legal rights have in fact been determined and lost. To continue the same example, if instead the court had jurisdiction, but the plaintiff did not appear for the trial, the court would dismiss the case "with prejudice". That dismissal is a judgment against the plaintiff "on the merits" of the case, and extinguishes the claim that was being sued over. However, this does not prevent an appeal or a trial de novo if ordered by a higher court.

Question: What does it mean when you get your passport back with Visa page inside but stamped canceled without prejudice? Has anyone experienced this its killer when you are mad in love and married but a half world apart and hung by a visa but two poor to live in a third world country?

Answer: It simply means you are denied of your visa.

Question: Without prejudice? Should people who have led people to kill and/or be killed be treated with mercy? Extract - 'Hours before the Sri Lankan defence ministry announced the entire rebel leadership had been killed and the decades-old war won, Tamil Tiger political chief B. Nadesan and Peace Secretariat head S. Pulideevan were trying to give themselves up.' To put the question in another way - in reference to the extract. "It's my personal neck on the line this time so please don't kill me?"

Answer: Mercy should be shown to anyone where possible, but this isn't about being merciful or not. It comes down to a question of should the government have kept pushing in on the tamil tigers or given them a ceasefire like the UN wanted. With a ceasefire the tigers may have had time to regroup and the war could have lasted many more months leading to even more deaths. Governments don't have the luxury of mercy, they do the best with the forces they have to minimise the civilian deaths even if that means sacrificing civilians who are near the war zone. The military forces have been at war for years and are not always fully controlled by there commanders, they may not have been told to kill them.

Question: Dismissed without prejudice being appealed help ? I was charged w/ filing a false police report and intimidation against a police officer . The judge could not see any evidence of these charges in the police report . So the judge told them to itemize the report to show him the charges . He gave the police a month to do so and they did not comply . So the matter was dismissed without prejudice . They immediately appealed and now I have to go back to court . Can they bring in new evidence or do they have to stick to the original police report because nothing has changed since then? And if so these charges were baseless and I feel it is malicious prosecution , they just want to terrorize me. I feel as if the police are going to come back with some more bogus evidence and I am on the chopping block .

Answer: Your case was dismissed because there was not enough evidence the Judge felt to justify a crime. The DA refiled charges because Without prejudice means they have up to seven years to do just that. With newly discovered evidence. My advice to you would be to make sure that your 5th amendment right to have all evidence to be used against you isn't violated. If they refiled, they have a preliminary time frame to bring all evidence to be used against you to the table. (20-60 days)Because you have the right to cross examine it.If this matter does not make it through this stage and the Judge once again fells the need to dismiss the case Please do emphasize that it be done "With Prejudice" That way it will be closed for good. Any decent Public Defender can handle this for you you don't necessarily need to hire an expensive Attorney. Good Luck.

Question: can a charge be refiled and charge you with the same crime if it was dismissed without prejudice???? I am just woundering if anyone knows if someone get charged with a crime and they dismiss the charge without prejudice but then can they refile that charge or is that considered double jeopardy??? If anyone knows please let me know. thanks

Answer: Yes it can be refiled. If it is dismissed WITH prejudice charges cannot be refiled. Good luck.

Question: Game show “Without Prejudice.” How many people would love for GSN to allow the viewers to judge the panelists? The episode I just watched made me a bit confused. They put off a guy who built a successful business with his dad and now spends lots of time with his 4 kids so that they will grow up with the same close family ties. They put him off and said he is not responsible. If I’m not mistaken the man makes over 70K a year. Would anyone else like to have the opportunity to judge the judges via computer or text message?

Answer: Find out how to write a show and put your own idea together, why not you!!!!!

Question: What does it mean when someone signs a document with their name and "without Prejudice UCC I-308"?

Answer: Depending on the nature of the document and the circumstances, if may mean nothing. UCC 1-308 is a law enacted in many states governing some forms of commercial contracts. People try to use if for other things and it means nothing. 1-308 recognizes that one can go ahead and perform a contract without forgiving an existing breach by merely noting that one is agreeing to perform under protest.

Question: Civil case dismissed with/without prejudice? An attorney filed a case and then later filed for a motion to dismiss to the court. The case was dismissed by the court, at the attorneys request. On the court dismissal note, it does not state with or without prejudice. What is it with or without prejudice? Isn't it considered with prejudice since the attorney filed for the dismissal?

Answer: if dismissed with prejudice, it can never be brought again if dismissed without prejudice, it can be brought again (as long as the statute of limitations hasn't run)

Question: What dose WITH PERJUDICE AND WITHOUT PREJUDICE Mean?

Answer: In legal terms, if a case is dismissed with prejudice then the case can't be prosecuted again. If it is dismissed without prejudice, then the case can be prosecuted again if the defendent doesn't follow through on the terms of settlement. http://dictionary.law.com/definition2.asp?selected=539&bold=||||

Question: US visa has "cancelled without prejudice? My aunt just applied for a new tourist visa and was approved for 10 years multi-entry. She just noticed a stamped with "cancelled without prejudice" on it. What does this mean?

Answer: I f she has been here ten years why hasn't she applied for citizenship??? The phrase "without prejudice" means that a claim, lawsuit, or proceeding has been brought to a temporary end but that no legal rights or privileges have been determined, waived, or lost by the result.

Question: Motion to dismiss without prejudice. Shall I show up to court for this? I got a motion to dismiss via the mail that someone filed a motion to dismiss a case against me. Without prejudice means they leave the door open to try and sue me again. I didn't know I was even being sued. I guess they couldn't contact me to serve me with a summons. Should I go to court for this or is it better to not go. I live in Arizona

Answer: let me explain to you why this is done via motion to dismiss without prejudice. it is common practice for the d.a.'s office to do that, for the simple reason that, at this point, they have not enough evidence, if any, to go forward to trial, so they want a backdoor should someone come forward, whenever, saying that in reality you did commit this crime, they can come back and prosecute you. should you go to court? if you want some free advice, yes. from a point of strategy - oppose the motion (you might need counsel to do that) force the d.a. to either try it or to dismiss it in whole. i hope this clarifies it for you.

Question: Without Prejudice: What do you think of the black panelists? So far, there have been two episodes with black panelists, and it surprised me to notice that they were both wanting the black contestant to win. The woman (this past week) made it obvious by simply saying that the black man should win. The man however, made a big deal about how racist it was for the other panelist to say that he didn't like one of the contestants simply because he was black, BUT at the end, he made a comment about choosing the black contestant to win in order to "give someone a chance" or something that really made it apparant that he voted for him because he was black. Did you notice this? It surprised me to see that the black panelists actually seemed to discriminate more. Of course, the show is new and there have only been three episodes (2 with black panelists), but I thought it was interesting. What about you? Did you notice this? Did you notice other trends? Quality-No-Fear: A black woman can post whatever she wants. Do you think that I should automatically agree with them just because I'm black? Um...no.

Answer: I thought they seemed extremely rude and prejudicial.

Question: Does anyone know exactly what a judgement dismissed without prejudice means? Plaintiff didn't show for trial. I am being sued for a credit card debt that I do not owe. The debt was bought by Midland Financing. The atty refused to negotiate with me and requested a trial. He did not show up for the trial, so the judge dismissed the case without prejudice. It appears that they can still come after me with other court appearances, but I am not sure, I received various answers from different sources. Does anyone know how likely it is that they will pursue the lawsuit? Thank you

Answer: The dismissal in fact leaves open the possibility of re-filing the lawsuit or otherwise attempting to collect the claimed debt. "Without prjeudice" means that the case was not adjudicated and no resoltuion has been made. However, at this point you have grounds for a counter-action if they continue to pursue this claim, or make harmful statements to credit reporting agencies. You can ask an attorney to help with a formal letter to the company advising them that you will take such action. You should include copies of any derogatory material on any credit reports, and demand that these be corrected. Separately, you should also notify the credit reporting agencies that the report is incorrect and demand a change. In this manner you protect your intersts - and, if the company is fool enough to try again, you are positioned to sue them in return and make a wad.

Question: Visa canceled without prejudice? My mother and I went for a non immigrant Visa interview today, we didn't get the visa. However, During the interview, The interviewer asked for my father's passport My father had received a one year Visa for the US in 2004. The interviewer stamped my father's passport with "Canceled without prejudice" My father had not applied this year, and his Visa had already expired in 2005, so what does this mean? Can somebody please explain what is the significance of it, in detail Thanks

Answer: It just means exactly what it says word for word, that the visa is cancelled without prejudice against your father and it is open for him to re-apply for a visa again in the future. Stamping the visa cancelled also protects your father from having his visa being being misused by forgery or some likewise misrepresentation. I am very sorry to hear about your refusal but life goes on.

Question: J1 visa cancelled without prejudice and changed to F1. 2 year rule??? Previously, I had a J1 visa and it has been cancelled without prejudice. I went to the US in 2005-2006 for an exchange program. And now, I am at the States with an F1 visa coz Im a student. Does the 2 year-rule still apply or it got cancelled too?

Answer: If you were subject to the 2 year residency rule under 212e, then it still applies. However, it doesn't affect your student visa status, or tourist visa status either for that matter. However, before you could get an H or L employment visa, or an immigrant visa, you would either have to go home for 2 years or get a waiver.