Legal Definitions - nisi prius

nisi prius

Nisi prius is a Latin phrase that means "unless before" in English. In American law, it refers to disputes that are heard in a trial court or lower court. These cases are different from those heard in a court of appellate jurisdiction, which reviews decisions made in lower courts.

The term nisi prius originally referred to local trials in England. Before the Magna Carta, all disputes in England had to be tried where the dispute arose, and they often had to be heard in London. After the Magna Carta, justices were sent throughout the country to hear matters locally, which was given the term nisi prius.

An example of a nisi prius case would be a dispute between two neighbors over property boundaries. The case would be heard in a trial court or lower court, and a decision would be made based on the evidence presented.

Another example would be a criminal trial where the defendant is being tried for a crime. The trial would take place in a lower court, and a decision would be made based on the evidence presented.

These examples illustrate how nisi prius cases are heard in a trial court or lower court, and how decisions are made based on the evidence presented in that court.