Legal Definitions - nisi prius clause

A nisi prius clause is a specific entry made in a court's official record. This entry formally grants permission for a legal case to be heard and decided by a jury in a particular local county court, rather than being reserved for a higher or central court. Essentially, it's a procedural step that ensures a jury trial can take place in the designated geographical area where the dispute originated or where the parties reside, reflecting a historical practice of bringing justice closer to the people involved.

Here are some examples to illustrate this concept:

• Civil Contract Dispute: Imagine a small business in Springfield County sues a client from the same county for failing to pay for services rendered. Both parties request a jury trial. When the case is prepared for trial, the court's administrative record would include a nisi prius clause. This clause formally authorizes the jury trial to proceed in the Springfield County courthouse, ensuring that a local jury will hear the evidence and decide the facts of the contract dispute, rather than the case being sent to a distant, higher court.
• Criminal Felony Case: Consider a person accused of a serious felony, such as grand theft, in a rural county. The accused has a constitutional right to a trial by jury. As the legal proceedings unfold, the court's official record will contain a nisi prius clause. This entry confirms and authorizes that the jury trial for this felony case will be conducted in the specific county court where the crime allegedly occurred and where the accused is being tried, affirming the local jurisdiction for the jury proceedings.
• Property Boundary Dispute: Suppose two neighboring landowners in a suburban county are in a dispute over the exact boundary line between their properties. They file a lawsuit and request a jury to decide the factual aspects of the boundary claim. When the case is docketed for trial, the court's record would incorporate a nisi prius clause. This clause would formally permit the empaneling of a jury and the conduct of the trial within that specific suburban county, allowing local residents to serve on the jury and resolve the property dispute in their community.