Simple English definitions for legal terms
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Nisi prius is a fancy Latin phrase that means "unless before." In American law, it refers to cases that start in a trial court or lower court. This is different from cases that go to a higher court to review a decision. Long ago in England, all disputes had to be heard in London, but after the Magna Carta, judges traveled around the country to hear cases locally. They called these local trials "nisi prius."
nisi prius
Nisi prius is a Latin phrase that means "unless before" in English. In American law, it refers to disputes that are heard in a trial court or lower court. These cases are different from those heard in a court of appellate jurisdiction, which reviews decisions made in lower courts.
The term nisi prius originally referred to local trials in England. Before the Magna Carta, all disputes in England had to be tried where the dispute arose, and they often had to be heard in London. After the Magna Carta, justices were sent throughout the country to hear matters locally, which was given the term nisi prius.
An example of a nisi prius case would be a dispute between two neighbors over property boundaries. The case would be heard in a trial court or lower court, and a decision would be made based on the evidence presented.
Another example would be a criminal trial where the defendant is being tried for a crime. The trial would take place in a lower court, and a decision would be made based on the evidence presented.
These examples illustrate how nisi prius cases are heard in a trial court or lower court, and how decisions are made based on the evidence presented in that court.
Ninth Circuit Court of Appeals | No Child Left Behind Act of 2001