Legal Definitions - nisi prius

The term nisi prius refers to a trial court or a court of original jurisdiction. It is the initial court where a legal dispute is first heard, evidence is presented, and facts are established, often with a jury or a judge making determinations based on the evidence. These courts are where cases begin, as opposed to appellate courts, which review decisions made by nisi prius courts.

Here are some examples illustrating the concept of nisi prius:

• Personal Injury Lawsuit: Imagine a situation where a pedestrian is injured by a negligent driver and decides to sue for medical expenses and pain and suffering. This lawsuit would begin in a trial court, such as a state Superior Court or District Court. In this nisi prius setting, both sides would present evidence, call witnesses, and a jury (or a judge, if no jury is requested) would hear the facts, determine fault, and decide on the amount of damages. This is the court of original jurisdiction where the case is first tried and facts are established.

• Criminal Felony Trial: Consider a person accused of a serious crime, like grand theft, who pleads not guilty and proceeds to trial. The proceedings would take place in a criminal trial court. This nisi prius court is where the prosecution presents its case, the defense cross-examines witnesses and offers its own evidence, and a jury ultimately decides whether the defendant is guilty or innocent based on the evidence presented. It is the first and primary forum for determining the facts of the alleged crime.

• Contract Dispute: A small business owner believes a supplier breached a contract by failing to deliver goods on time, causing significant financial loss. The business owner files a lawsuit seeking compensation. This case would be heard in a civil trial court. In this nisi prius court, the judge or jury would examine the contract terms, hear testimony from both parties, review financial records, and make an initial ruling on whether a breach occurred and what damages, if any, are owed. This is the court where the initial factual and legal determinations are made.