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what is the difference between a dismissal with prejudice and a dismissal without prejudice in a court of civil law the phrase dismissal without prejudice means that the court has decided that it is unable to make a ruling based on the evidence dismissal without prejudice is not a final judgment and the case might be retried in the future with more evidence is available when a case is dismissed with prejudice it implies that the court has decided that the plaintiff s case was unfounded and the plaintiff is barred from further filing on the same issue a safety measure called the doctrine of res judicata has been put into place in the common law of most countries because of the possibility of Kairos Mandi in the court system this doctrine of res judicata a Latin phrase meaning a thing decided is a prohibition on the courts trying the same case multiple times without this doctrine an aggressive plaintiff could clog the court system dockets and harass defendants with multiple frivolous law

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