What is the court definition of prejudice in civil law case in USA?
It is really hard to say because it has different meanings depending on the context and you have not given us any context. Usually “prejudice” refers to whether someone was harmed from breaking a rule. For example, if the other side is one day late in giving you a document you are entitled to, the court might ask if there was prejudice to you from the other side being one day late. If there was prejudice the court may penalize the other side; if not, the court might not penalize the other side. Appeals courts also use the term in deciding whether to grant a new trial or not after a the trial judge makes a mistake. If the trial judge did not follow the law but it was a minor violation that had no effect on the outcome of the case, the appeals court would say there was no prejudice and not grant a new trial. Basically, it is like saying “no harm, no foul.
To prejudge is to take your preconceived notions and apply them to the situation you have at hand. We all do it. It is a part of being human. Discrimination is where you use prejudice to make decisions and allocate benefits. Discrimination is illegal if the person being discriminated against is in an identified sub-group such as race, sex, religion, and so on. If a person is not in an identified group, you can discriminate against them as much as you like. I can decide to not hire or even fire someone because they are fat, they are gay (depending upon the state), or any other unspecified group. In several states it is legal to discriminate against people based on their lack of religion. In Michigan, if you are an atheist, the courts can use that as a reason to deny you custody of your child. So, in base, Prejudice is not illegal. Discrimination is, but only when it happens against a member of a group identified by the discrimination laws. Personally, I would like to hear more about the
It is really hard to say because it has different meanings depending on the context and you have not given us any context. Usually “prejudice” refers to whether someone was harmed from breaking a rule. For example, if the other side is one day late in giving you a document you are entitled to, the court might ask if there was prejudice to you from the other side being one day late. If there was prejudice the court may penalize the other side; if not, the court might not penalize the other side. Appeals courts also use the term in deciding whether to grant a new trial or not after a the trial judge makes a mistake. If the trial judge did not follow the law but it was a minor violation that had no effect on the outcome of the case, the appeals court would say there was no prejudice and not grant a new trial. Basically, it is like saying “no harm, no foul.” Legal definition: PREJUDICE – To decide beforehand; to lean in favor of one side of a cause for some reason or other than its justice
