If you’ve heard of the legal term “nisi prius,” you may be wondering what does it mean and how is it used. Nisi prius is an uncommon legal term which in Latin means “unless before.” It refers to the jurisdiction over a case held at a court which is not the court’s principal seat. Such courts are referred to as provincial or circuit courts.
How Is Nisi Prius Used in Court?
When a case is heard in a nisi prius court, the jurisdiction is limited and part of the trial takes place in the court without a jury present. This is known as the hearing of preliminary issues. After these preliminary issues are resolved, a trial by jury can take place at the court’s principal seat. Nisi prius courts are also used to hear trials involving fewer than 12 jury members.
Modern Examples of Nisi Prius in Action
Nisi prius is still used today in many countries, though its use varies from place to place. In the United States, for example, some states, such as New York, have abolished nisi prius courts. In other states, including California, nisi prius hearings are used to decide motions that are decided by the judge and jury, and encompass less serious criminal offenses.
Conclusion
Nisi prius is an uncommon legal term that is often used in situations where a trial is to be heard outside of the court’s primary seat or with fewer than 12 jury members. It has been used for centuries in various forms and is still used in many countries around the world today. Understanding this important legal concept can help individuals better understand the judicial process.