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Friday, 26 August 2016

legal word of the day: WITH PREJUDICE

legal word of the day: WITH PREJUDICE

ENG: extinguishing any right to pursue a claim in another suit, final

POL: bez możliwości wznowienia (o powództwie lub postępowaniu), ostateczny

to EXTINGUISH – pozbawiać  (to cancel)
to PURSUE A CLAIM – dochodzić roszczenia (to take somebody to court, to sue)

 (1) According to TMZ, Depp is expected to pay Heard $7 million. The actress, when withdrawing her domestic violence case, did so with prejudice, meaning she cannot re-file in the future. 

to WITHDRAW – wycofać (to take back, to dismiss)
DOMESTIC VIOLENCE – przemoc domowa
to REFILE – ponownie złożyć (to file again, to submit in court again)

 (2) Dismissal with prejudice would forbid a party from refiling the case, and might occur either because of misconduct on the part of the party who filed the claim or criminal complaint or could be the result of an out of court agreement or settlement.

DISMISSAL – odstąpienie/wycofanie oskarżenia/ pozwu (taking back, withdrawing your claim)
MISCONDUCT – zakłócanie porządku postępowania (unlawful behaviour by a person with the administration of justice, by which the rights of the parties and the justice of the case may have been affected.
to FILE A CLAIM – wnosić pozew
to FILE A CRIMINAL COMPLAINT – wnosić oskarżenie
an OUT OF COURT SETTLEMENT – ugoda pozasądowa (an agreement between two litigants to settle a matter privately before the Court has rendered (given) its decision.)

(3) Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it. The defendant cannot be retried.

DISMISSAL – umorzenie postępowania (ending a legal action before the trial is finished)
RES JUDICATA – powaga rzeczy osądzonej (a matter already judged)
to RETRY – ponownie sądzić (to put before the court again)

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