What is the primary difference between a dismissal with prejudice and a dismissal without prejudice?

The primary difference between a dismissal with prejudice and a dismissal without prejudice lies in the ability to refile the case. A dismissal without prejudice allows a party to refile the same claim or action in the future, which means that the case is not conclusively decided, and the party retains the right to pursue the matter again. On the other hand, a dismissal with prejudice signifies that the case has been definitively resolved, and the same claim cannot be brought back to court. This finality serves to protect defendants from being harassed by repeated lawsuits on the same issue and ensures judicial efficiency by preventing relitigation of matters already adjudicated.

In contrast to this correct understanding, the other choices do not accurately capture the essence of dismissals. One option incorrectly suggests that both types of dismissal prohibit related filings, which is not true for dismissals without prejudice. Another choice incorrectly states that dismissal with prejudice allows re-examination of issues, which misunderstands the finality of such dismissals. Lastly, the assertion that dismissal without prejudice involves a ruling on the merits is misleading; dismissals without prejudice may occur for various procedural reasons that do not reach the substantive merits of the case. Thus, the core distinction hinges on the ability to refile, which the