Nisi Prius - Law Dictionary Search Results
Home Dictionary Name: nisi priusNisi prius
Nisi prius, a Common Law phrase, which originated thus:An action was formerly triable only in the Court where it was brought. But it was provided by Magna Charta, in ease of the subject, that assizes of novel disseisin and mort-ancestor (which were the most common remedies of that day) should thenceforward instead of being tried at Westminster, in the superior Court, be taken in their proper counties, and for this purpose justices were to be sent into every county once a year to take these assizes there, 1 Reeves, 246. These local trials being convenient, were applied to other actions: for by the statute of Nisi Prius, 13 Edw. 1, st. 1, t. 30, as the general course of proceedings, writs of venire for summoning juries to the superior courts are in the following terms:-P'cipius tibi quod venire facias coram Justiciariis nostris apud Westm. In Octavis Sancti Michaelis Nisi talis et talis, tali die et loco, ad partes illas venerint duodecim, etc. Thus the trial was to be had at Westminster...
Nisi prius record
Nisi prius record. This was an instrument in the nature of a commission to the judges at Nisi Prius for the trial of a cause, written on parchment and delivered to the officer of the Court in which the cause was to be tried. Any variance between the record and the issue should have been objected to at the time of trial, but the judges had power to amend variances. See RECORD and TRIAL....
nisi prius
nisi prius [Medieval Latin, unless before, the words introducing a clause in an English writ commanding a sheriff to provide a jury at the Court of Westminster on a certain day unless the judges of assize previously come to the county from which the jury is to be returned] : a court of record that tries an issue of fact before a jury and a single judge : trial court ;also : the proceedings in such a court : the conducting of jury trials [long-distance travel eliminated the nisi prius practice of the justices "W. J. Brennan, Jr."] ...
Record of Nisi Prius
Record of Nisi Prius, a transcript of the pleadings and issue was formerly made on parchment for the use of the Court on the trial of the action....
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
Associate
Associate, was an officer in each of the Courts of Common Law, appointed by the chief judge of the Court, and holding his office dum bene se gesserit (15 & 16 Vict. c. 73); his duties being to superintend the entry of causes; to attend the sittings of Nisi Prius, and there receive and enter verdicts; to draw up the posteas (the indorsement of the result on the record), and any orders of Nisi Prius. The associates were made officers of the Supreme Court by the (English) Judicature Act, 1873, and were given by title of 'Masters of the Supreme Court' by the (English) Judicature (Officers) Act, 1879. This latter provision has been repealed clerks of the Associates Department of the Crown Office Department of the Central Office of the Supreme Court now perform these duties. See CLERK OF ASSIZE.A person is an associate of an individual if person is that individual's husband or wife, or is a relative, or the husband or wife of a relative, of the individual or of the individual's husband or wi...
Ex officio informations
Ex officio informations, proceedings filed in the King's Bench Division by the Attorney-General, at the direct and proper instance of the Crown, in cases of such enormous misdemeanours as peculiarly tend to disturb or endanger the govern-ment, or to molest or affront the sovereign in discharging the royal functions. The information is tried by a jury of the county where the offence arose, and for that purpose, unless the case be of such importance as to be tried at bar, it is sent down by writ of nisi prius into that county, and tried either by a common or special jury, like a civil action.-4 Steph. Com. See Archbold's Cr. Pl....
Royal Courts of Justice
Royal Courts of Justice, the statutory name, by (English) Jud. Act, 1925, s. 222, replacing s. 28 of the (English) Jud. (Officers) Act, 1879, of the Law Courts, on the north side of the Strand, between St. Clement Danes Church and Chancery Lane, in which the business of the Supreme Court is transacted. The erection of buildings for bringing together into one place 'all the superior Courts of Law and Equity, the Probate and Divorce Courts and the court of Admiralty' recommended by a Royal Commission in 1858 was authorized by Parliament in 1865 by the (English) Courts of Justice Building Act and the Courts of Justice Concentration (Site) Act (28 & 29 Vict. cc. 48, 49). The Royal Courts were formally opened by Queen Victoria on the 4th of December, 1882, and opened for business on the 11th of January, 1883, the Judges' Chambers and other offices having been opened for business in January, 1880. Prior to the opening, the Chancery Division of the High Court occupied courts at Lincoln's Inn,...
Remanet
Remanet, means a case or proceeding whose hearing has been postponed; a remainder or remant, Black's Law Dictionary, 7th Edn., p. 1296.Remanet, the name given to a cause the trial of which has been postponed from one sittings to another. A new notice of trial does not seem to be necessary either when a cause has been made a remanet at the assizes, or when it has been made a remanet from one sittings to another, or has been put off by order of Nisi Prius. See A. P., notes to R.S.C. Ord. XXXVI., r. 34.Costs incurred for witnesses, etc., are allowed to the party ultimately prevailing.As the unexpired part of a sentence in Criminal Law. See SENTENCE.A case or proceeding whose hearing has been postponed, Black's Law Dictionary, 7th Edn., p. 1296....
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
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