Prejudice

correcting the alleged error would have produced a "substantial" likelihood of a different result.

(Lat. prae, before, judicare, to judge). A forejudgment. A leaning towards one side of a cause formed before the person entertaining the same is called upon to hear and determine the cause. See "Bi-

A judging beforehand; detriment

Fore-judgment, pre-judgment; detriment, disadvantage. A prejudice is a pre-judgment. The popular meaning involves some grudge or illwill, as well as a pre-conceived opinion. A disqualifying prejudice in a juror is a fixed judgment or opinion as to guilt or innocence.* A man cannot be "prejudiced" against another without being "biased "against-him; but he maybe biased without being prejudiced.' Implies nearly the same thing as opinion; a prejudgment of the case, and not necessarily enmity or ill-will against a party. A statute excluding as a juror a person who has " formed or expressed an opinion, or is insensible of any bias or prejudice,"" intends to exclude any person who has made up his mind, or formed a judgment in advance. Yet. the opinion or judgment must be something more than a vague impression, formed from casual conversations with others, or from reading imperfect newspaper reports. The opinion must be upon the merits of the question, and be such as would be likely to bias or prevent a candid judgment, upon a full hearing of the evidence. If one has formed what in ^ome sense might be called an opinion, but which yet falls short of exciting any bias or prejudice, he may consistently discharge bis duty as a juror.* The right to a trial by an impartial jury does not mean that the jurors must have no prejudice or opinion as to the policy of enforcing the laws.* See further Bias; Impartial, 1; Opinion, 2. The " prejudice " in the mind of a judge which will afford ground for a change of venue refei-s to an opinion in regard to the case, formed beforehand, without examination, or a prepossession; not, an opinion on the questions of law involved; » prejudice against the party personally.' Without prejudice. That what is said or done is not(l) to be construed as an admission of liability, or (3) to affect the rights (1884), cases; 1 Bish. Mar. & D. §§ 179-91, cases; 44 Am. B. 112, cases. 1 Eckhardt v. People, 83 N. Y. 464 (1881). - ' Willis V. State, 12 Ga. 448-50 (1863), Nisbet, J. 8 Commonwealth v. Webster, 5 Cush. 297 (1850), Shaw, C. J. 4 United States v. Noelke, 17 Blatch. 562-63 (1880), cases, Choate, J.; 3 Mc Crary, 237. ' Hungei-f ord ■«. Cushing, 2 Wis. *405 (1863), Whiton, Chief Justice. of the party before the law or his standing in court. Thus, an offer in compromise (g. v.) of litigation is presumed to have been made *' without prejudice." ' A letter marked "without prejudice," and the reply, although the latter is not so marked, cannot be used as an admission.^ When a bill in equity is dismissed without a consideration of the merits, the practice is for the court to express in its decree that the dismissal is "without prejudice." An omission of the qualification will be corrected. 8 The decree of dismissal is not a bar to a subsequent suit for the same cause of action, if the complainant, in another suit, can obviate the defects of the existing bill.*

Prejudging a matter. When a court decides that A is entitled for his life to the income of a fund, "without prejudice" to any question between B and C, who claim adversely to each other the income of the fund after his death, the meaning is, that such question shall not be regarded as in any way determined by. the decision as to A. And, generally, the expression " without prejudice " implies that the consideration of the question to which it refers is postponed to a future time. And the phrase is often used in a lawyer's letter for the purpose of guarding the writer against any thing therein contained being construed as an admission of liability.