Also known as: prejudices · prejudiced · prejudicing · prejudicial · without prejudice
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Harm or disadvantage to a party's ability to assert or defend legal rights or interests. The concept requires that the harm be material and not merely speculative before it blocks an amendment, admission of evidence, or other procedural step.
A preconceived opinion or bias that impairs a decision-maker's impartiality. The bias may be personal, arising from relationships or knowledge of disputed facts, and triggers disqualification or exclusion when it threatens fairness.
Each sense below has its own examples, sources, and questions.
Harm or disadvantage to a party's ability to assert or defend legal rights or interests. The concept requires that the harm be material and not merely speculative before it blocks an amendment, admission of evidence, or other procedural step.
Select any source to read its text and confirm it supports the definition.
Priya Prasad sued the wrong corporate entity for a workplace injury. After learning the correct name, she moved to amend under Rule 15(c). The proper defendant had received the complaint within the service period and could prepare its defense without additional cost or surprise. The court allowed the amendment because the new party suffered no prejudice in defending on the merits.
Pedro Pacheco left one firm for another. His new firm needed to screen for conflicts involving former clients. The firm revealed only the identities of matters without disclosing confidential details that would harm any client. The limited disclosure satisfied the ethics rule because it created no prejudice to the clients.
Peak Performance held a junior mortgage on commercial property and obtained a receiver. The receiver collected rents and first paid taxes and maintenance expenses. After those payments the receiver applied the excess to the junior debt. The senior mortgagee suffered no prejudice because the junior receiver had fulfilled the duty to avoid waste.
Relation back is permitted only when the new party received notice of the action within the Rule 4(m) period and will not be prejudiced in defending on the merits. The inquiry focuses on whether the party can prepare and present a defense without unfair surprise or added burden.
Supporting sources
Prejudice refers to concrete harm to a party's position or rights. Bias refers to a preconceived attitude that impairs impartial decision-making by a judge or witness. The two concepts overlap when biased evidence creates unfair harm, but the rules treat them separately.
Supporting sources
A preconceived opinion or bias that impairs a decision-maker's impartiality. The bias may be personal, arising from relationships or knowledge of disputed facts, and triggers disqualification or exclusion when it threatens fairness.
Select any source to read its text and confirm it supports the definition.
Phoebe Park offered to settle her contract claim against Patrick Phan. At trial Phan sought to introduce the offer to show that Park's key witness had a financial motive to favor her. The court admitted the evidence for the limited purpose of proving bias rather than to establish liability.
Peter Park appeared before Judge Pavel Petrov in a commercial dispute. The judge had previously represented the opposing party and expressed strong personal disapproval of Park's business practices. The judge disqualified himself because his personal bias concerning a party required recusal under the judicial conduct rules.
…so that he may, if so advised, emit a declaration in presence of his solicitor under conditions which safeguard him against prejudice." [^maj-60]: "No confession made to a police officer shall be proved as against a person accused of any offence." Indian Evidence Act § 25. "No confession made by any person whilst he is…
…his right to dispose of it, but is only a declaration by the State that its use by any one, for certain forbidden purposes, is prejudicial
…410 U. S., at 150; Simopoulos v. Virginia , 462 U. S. 506 (1983). Conversely, we have consistently rejected state efforts to prejudice
…discover what the patient would want. But with such momentous interests in the balance, States must avoid procedures that will prejudice
…whether, but for the violation, the things seized would have been discovered; and "(g) the extent to which the violation
Prosperity Investments was charged with securities fraud. The government offered evidence of an earlier similar transaction to prove intent. The trial court found sufficient evidence for the jury to conclude the prior act occurred and that its probative value on intent was not substantially outweighed by unfair prejudice. The evidence was admitted.
The opponent must demonstrate that the probative value of the evidence is substantially outweighed by a danger of unfair prejudice. Mere harm to a party's case is insufficient. The prejudice must be unfair and substantially outweigh the evidence's legitimate probative force.
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Disclosure is allowed only to the extent necessary to detect conflicts arising from a change of employment or firm ownership. The revealed information must not compromise the attorney-client privilege or otherwise harm the client.
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No, provided the junior receiver first applies rents to taxes and reasonable maintenance expenses. The senior mortgagee is left in the same position it would have occupied had the junior receiver never acted.
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