NISI PRIUS Meaning and
Definition
-
Nisi prius is a Latin term that is commonly used in legal contexts. The literal translation of "nisi prius" is "unless before," but in legal terminology, it refers to a specific type of court system or the hearings conducted within that system.
Nisi prius refers to a court that has the authority to hear and decide cases at first instance, meaning it has original jurisdiction. It typically deals with civil cases, such as torts, contracts, and property disputes, as opposed to criminal cases. In some jurisdictions, nisi prius courts may also have the power to hear certain types of criminal cases.
The term can also refer to the preliminary hearings or trials conducted within these courts. Nisi prius hearings typically involve the presentation of evidence and legal arguments, as well as the examination and cross-examination of witnesses. These hearings aim to establish the facts of the case and gather information necessary for a fair and just outcome.
Historically, the term "nisi prius" was used in English common law to denote the circuit courts. These courts traveled to various towns and regions to administer justice, allowing people to bring their cases before the court without having to travel to the central court. However, in modern legal practice, nisi prius is not as commonly used, and its functions have been absorbed into the general court system.
In summary, nisi prius is a term used in legal contexts to describe a type of court system or the hearings conducted within that system. It refers to a court with original jurisdiction over civil cases, and it historically denoted circuit courts in English common law.
-
A judicial writ, so called from the first words; a court so called.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Common Misspellings for NISI PRIUS
- bisi prius
- misi prius
- jisi prius
- hisi prius
- nusi prius
- njsi prius
- nksi prius
- nosi prius
- n9si prius
- n8si prius
- niai prius
- nizi prius
- nixi prius
- nidi prius
- niei prius
- niwi prius
- nisu prius
- nisj prius
- nisk prius
- niso prius
Etymology of NISI PRIUS
The term "Nisi prius" is derived from Latin. "Nisi" means "unless" and "prius" means "before", "previously", or "formerly". In legal terms, "Nisi prius" refers to a court of first instance or a court that usually hears civil cases, including trials. The phrase implies that a case will be heard before any other court unless certain circumstances arise that would require it to be transferred or dismissed. It is often used to indicate a court's jurisdiction over a particular matter.
