Nisi Prius in United States

Nisi Prius Definition

(Lat. unless before). In practice. For the purpose of holding trials by jury. Important words in the writ (venire) directing the sheriff to summon jurors for the trial of causes depending in the superior courts of law in England, which have come to be adopted, both in England and the United States, to denote those courts or terms of court held for the trial of civil causes with the presence and aid of a jury. The origin of the use of the term is to be traced to a period anterior to the institution of the commission of nisi prius in its more modern form. By Magna Charta it was provided that the common pleas should be held in one place, and should not follow the person of the king; and by another clause, that assizes of novel disseisin and of mart d’ancestor, which were the two commonest forms of actions to recover land, should be held in the various counties before the justices in eyre. A practice obtained very early, therefore, in the trial of trifling causes, to continue the cause in the superior court from term to term, provided the justices in eyre did not sooner (nisi justiciarii diu) come into the county where the cause of action arose, in which case they had jurisdiction when they so came. Bracton, lib. 3, c. 1, § 11. By the statute of nisi prius (13 Edw. I. c. 30, enforced by 14 Edw. III. c. 16), justices of assize were empowered to try common issues in trespass and other suits, and return them, when tried, to the superior court, where judgment was given. Tha clause was then left out of the continuance and inserted in the venire, thus : “Praecipimus tibi quod venire facias coram justiciaris nostris apud Westm. in Octabis Scti Michaelis, nisi talis et talis, tali die et loco, ad partes illas venerint, duodecim,” etc. We command you that you cause to come before our justices at Westminster, on the octave of Saint Michael, unless such and such a one, on such a day and place, shall come to those parts, twelve, etc. Under the provisions of 42 Edw. III. c. 11, the clause is omitted from the venire, and the jury is respited in the court above, while the sheriff summons them to appear before the justices, upon a habeas corpora juratorum, or, in the king’s bench, a distringas. See Sellon, Prac. Introd. Ixv;

Nisi Prius in Foreign Legal Encyclopedias

Back to Top

For starting research in the law of a foreign country:

Browse the American Encyclopedia of Law for Nisi Prius

Scan Nisi Prius in the appropriate area of law:

Explore other Reference Works

Back to Top

Legal Issue for Attorneys

(Lat. unless before). In practice. For the purpose of holding trials by jury. Important words in the writ (venire) directing the sheriff to summon jurors for the trial of causes depending in the superior courts of law in England, which have come to be adopted, both in England and the United States, to denote those courts or terms of court held for the trial of civil causes with the presence and aid of a jury. The origin of the use of the term is to be traced to a period anterior to the institution of the commission of nisi prius in its more modern form. By Magna Charta it was provided that the common pleas should be held in one place, and should not follow the person of the king; and by another clause, that assizes of novel disseisin and of mart d’ancestor, which were the two commonest forms of actions to recover land, should be held in the various counties before the justices in eyre. A practice obtained very early, therefore, in the trial of trifling causes, to continue the cause in the superior court from term to term, provided the justices in eyre did not sooner (nisi justiciarii diu) come into the county where the cause of action arose, in which case they had jurisdiction when they so came. Bracton, lib. 3, c. 1, § 11. By the statute of nisi prius (13 Edw. I. c. 30, enforced by 14 Edw. III. c. 16), justices of assize were empowered to try common issues in trespass and other suits, and return them, when tried, to the superior court, where judgment was given. Tha clause was then left out of the continuance and inserted in the venire, thus : “Praecipimus tibi quod venire facias coram justiciaris nostris apud Westm. in Octabis Scti Michaelis, nisi talis et talis, tali die et loco, ad partes illas venerint, duodecim,” etc. We command you that you cause to come before our justices at Westminster, on the octave of Saint Michae
l, unless such and such a one, on such a day and place, shall come to those parts, twelve, etc. Under the provisions of 42 Edw. III. c. 11, the clause is omitted from the venire, and the jury is respited in the court above, while the sheriff summons them to appear before the justices, upon a habeas corpora juratorum, or, in the king’s bench, a distringas. See Sellon, Prac. Introd. Ixv;

This definition of Nisi Prius is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.