Legal Definitions - nisi prius clause

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.