With And Without Prejudice

Question: Is there a statute of limitations when a criminal case is dismissed without prejudice? My friend was charged with possession of methamphetamine and trafficking in methamphetamine in New Mexico. His charges were dismissed without prejudice. How long does he have to worry about being recharged? Thanks!

Answer: The statute of limitations for a criminal prosecution is the maximum amount of time the defendant could be incarcerated for committing the offense. Check the penal code and see what the maximum sentence is... the time is the statue of limitations.

Question: What's it mean when a letter is headed with "without prejudice" on the outside? My former address received a letter from a lawyer company with the words "without prejudice" on the outside. They have mailed it to me but it wo't arrive for a week or so, What does without prejudice mean?

Answer: "Without prejudice" means that whatever is "without prejudice" will not be binding. On a court order, it means that a lawsuit has been dismissed, but that it may be re-filed, because it was not resolved on the merits. On an envelope, it could mean any of a number of things. It would be rather ridiculous to guess without opening the envelope.

Question: Can a malicious prosecution suit be filed after a case is dismissed without prejudice? a man is charged with sexual assault. the charges are dropped without prejudice by a judge. the man is now suing his accuser for malicious prosecution. will he be successful, since his innocence was never decided in the original case?

Answer: Not likely, but possible. Dismissed without prejudice leaves the possibility that charges will be refiled, indicating a lack of certainty on the part of the judge that this was a case completely without merit. If the judge had dismissed WITH prejudice, he would have a better chance of success. Had he been prosecuted and acquitted, he would have no chance of winning a malicious prosecution suit. (Acquittal is not the same as being found "innocent." There is never a finding of innocence. If the judge and prosecutor believe there is sufficient evidence to proceed with a trial, then this would devastate any argument about "malicious prosecution" against the accuser.

Question: i should have ask what does cancelled without prejudice mean? i was so sad went the consular stamped cancelled without prejudice i write to the personel an they told me i would come back,because i was planning an taking my daughter in may so they said i would apply along with my daughter.what do you think will happen went i go,is it too soon for me to go back to the embassy.cancelled in dec08 .

Answer: My best guess is that it was cancelled without any hard feelings. Probably it was cancelled because of a technicality (like forgotten paperwork) or some such thing. It means that it was not personal against you.

Question: What does it mean if an email someone received started with the phrase "WITHOUT PREJUDICE:" Why such a phrase? Thanks.

Answer: From CompactLaw: http://www.compactlaw.co.uk/legal_glossa… "A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties." If used in the spirit of genuine open off-the-record discussion, it's fine. But depending on circumstances, it could be considered sharp practice - a bogus agreement - if an e-mail lays some kind of non-negotiated terms on you (i.e. reading it constitutes some legally binding agreement about its contents, but you haven't been warned in advance that this will be the case). These things generally don't wash in serious legal situations. For instance, if someone offered you a major bribe to commit perjury in court, doing it in an email with WITHOUT PREJUDICE at the top, nothing much would happen to you if you disclosed the content.

Question: What does it mean when someone signs official documents with the phrase" without prejudice" ?

Answer: It means the matter is not final; it can be brought up in court again. In other words, the party is not signing away any rights, present or future that they may have.

Question: What does it mean if someojne writes "without prejudice" at the top of a letter when you are in legal dispute? with them? I asked a workman for a refund on money I had paid and he sent me a cheque and a letter that said "without prejudice."

Answer: Typically such language is used in situations when a case is dismissed. Without prejudice in that case means they have the right to refile the case in the future (within the prescribed time outlined by the rules of civil procedure or statute)

Question: what is the difference in a court case being dismissed with or without prejudice?

Answer: With prejudice means the matter is dead and may not be refiled. Without prejudice simply means that the judge has not adjudicated the matter and that either party can bring suit again.

Question: What is different in court - With Prejudice vs Without Prejudice? This is based on a small claims court

Answer: With prejudice - your claim is patently flawed and not worth the court's time, or the court has already reached a final decision on the merits of your claim and thus cannot be re-litigated. Without prejudice - you may re-file your claim, because you expect to find new evidence for your claim, there was a procedural error in your first filing that the court will allow you to correct, or there has been some material change in the parties to the case relative to each other so it would be unfair to proceed as if nothing happened.

Question: ow can you tell if a charge was dismissed with prejudice or without prejudice?

Answer: Read the judge's decision or ruling on the case.

Question: What does "dismissed with prejudice"mean vs "dismissed without prejudice"? I.E. court's ruling - tenant eviction ruling

Answer: http://www.scselfservice.org/glossary/gl… "If your case is dismissed without prejudice it means that there can be a new case about the same thing. Witness, A person called to testify about " http://www.legal-explanations.com/defini… "If a lawsuit is dismissed "with prejudice," the plaintiff is barred from brining another lawsuit on the same claim or cause. ..." ( dismissal reason is required)

Question: How is that guy with a scar in the "Without Prejudice" pop-up to the left a philanthropist? I guess i would lose at the game.

Answer: He bought some Girl Scout cookies.

Question: Can a 'without prejudice' agreement be entered into in another case to which the party has no involement. I had a without prejudice agreement with a firm of solicitors to drop their bill, after they were found in poor service by the Law Society. My son who was not party to this agreement has decided to sue the firm of solicitors for losses due to the fact that the original suit to be defended by this firm was against my sons company of which he was sole prop. Due to their unbelievable neglect the allowed me to be sued I was a non entity. Their insurers have made application to have the case struck out using my 'without prejudice' agreement in court to prevent by son from claiming his losses. He was forced to settle with the original claiment at considerable cost. Can they use the agreement with me against my son even if I am nothing to do with my sons claim.

Answer: I think that your son should take proper advice on this, as there is simply not enough detail in your question for anyone to give a meaningful reply. These links should help: http://www.lawsociety.org.uk/choosingand… http://www.yourrights.org.uk/your-rights… http://www.lawsociety.org.uk/professiona…

Question: A judgment with prejudice or without prejudice? What is the difference?

Answer: You can't have a judgement without prejudice. The Court will only decide once on an issue before it - that is a very basic underpinning of the judicial system. Otherwise, some litigants would refile and refile ad nauseum. The act of judgement ends the case and automatically incurs a legal mechanism called "res judicata", which translates as "the issue has been decided." The only recourse from a judgement is an appeal. You can have a dismissal with or without prejudice. With prejudice means that the suit can't be re-filed ( same res judicata concept again). Without prejudice means that no decision has been made and the case can be refiled.

Question: My visa was CWOP (cancelled without prejudice) when i entered the U.S. what does that mean? when i came to the united states 8 years ago, the immigration officer wrote on my visa, 'CWOP', and now i want to get married. i'm finished with college already and i want to move on. Does that mean that i have to go to mexico and try to fix all my paper work over there? is there a possibility of doing all the proccess here in the states?

Answer: Canceled without prejudice means what it says. There is nothing negative attached to the cancellation. Perhaps the visa had a mistake on it. Perhaps it was a multiple entry, indefinite validity visa which the government was taking out of circulation. Whatever the reason, it carries no harmful effect on your status or your eligibility to apply for a benefit.

Question: With or without prejudice, who the Mao Tse-tung is Rory Emerald?

Answer: There's quite a few Rory emeralds. Eg. someone on facebook or a 'serial prankster'. Dunno which one you are talking about Try googling it!!!

Question: Without sounding prejudice, how do homosexuals fit into evolution? OK i am not being prejudice, i am just very curious how, if species with certain defects that do not allow them to properly reproduce die out, why homosexuality is as common as it is! surly any genes that produce an innate homosexual would die out. again im not in any way looking for an argument or trying to be non PC, just curious!

Answer: Consider a few possibilities: Certainly homosexuality isn't the result of just a single gene, but even if it was, perhaps it is the result of a recessive allele and not a dominant allele. Therefore, individuals who carry the gene are not homosexual and so reproduce just fine, but a proportion of their offspring would be homosexual and would not reproduce. So, the gene is present in the population in heterozygous carriers. You can think about this as you might a lethal recessive gene for something like (before improved medical care) the gene for cystic fibrosis or hemophilia. These traits remain in the population even though individuals who have the disease don't (again, prior to medical treatment) ever reproduce. In reality, homosexuality likely does have a genetic component, but it probably isn't the result of just a single gene, nor is it probably strictly and completely genetically determined.

Question: How to motion to dismiss With Prejudice? I have a friend who was arrested for defending himself but got arrested for Aggravated Assault. It was later Dismissed Without Prejudice but due to those circumstances leaves him open for possible future prosecution. Is there a way to motion to dismiss his case with prejudice? This is in Maricopa county, AZ.

Answer: Get an attorney

Question: "With prejudice" vs. "Without Prejudice"? What does a court case or a law suit being settled "with prejudice" or "without prejudice" mean?

Answer: With prejudice means the plaintiff may not file a new complaint based on the same transactions and/or occurrences as in the complaint that is being settled. Without prejudice means that the plaintiff may file such a complaint.

Question: F1+cancel without prejudice? Hello All, I applied for my F1 renewal (Delhi consulate) and got stamped 'cancel without prejudice' on my previous VISA stamp which is valid untill 31st august. The advance processing may take more than 2 weeks minimum which was past my returning date to USA,therefore I took back my passport and thought of returning back with my previous VISA (at that time I didn't check my passport, therefore wasn't aware of 'cancel without prejudice' stamp on my VISA). I want to know whether it is possible to re-enter to US with 'cancel without prejudice' stamp.

Answer: No, definitely not. the visa is cancelled, so it is no longer valid.