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Simple English definitions for legal terms
nisi prius clause
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A quick definition of nisi prius clause:
Term: Nisi Prius Clause
Definition: A nisi prius clause is a legal term that refers to an entry in a record that allows for a trial by jury in a specific county. Nisi prius means "unless before then" in Latin, and it refers to a civil trial court where issues are tried before a jury. This term is no longer used in most parts of the United States, except in New York and Oklahoma.
A more thorough explanation:
Definition: A nisi prius clause is an entry in a legal record that allows for a jury trial in a specific county. Nisi prius refers to a civil trial court where issues are tried before a jury.
For example, if a person wants to file a lawsuit in a specific county, they may include a nisi prius clause in their legal record to ensure that the trial takes place in that county with a jury.
The term nisi prius is no longer commonly used in the United States, except in New York and Oklahoma.
Illustration: Imagine a person is suing a company for breach of contract. They want the trial to take place in their home county, where they believe they will have a better chance of winning. To ensure this, they include a nisi prius clause in their legal record, which authorizes a jury trial in their designated county. This way, they can have a fair trial with a jury of their peers in the county they prefer.