Nisi - Law Dictionary Search Results
Home Dictionary Name: nisiNisi 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...
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Nisi
Nisi, means 'unless' (of a court's ex parte ruling or grant of relief) having validity unless the adversely affected party appears and shows cause why it should be withdrawn, Black's Law Dictionary, 7th Edn., p. 1068.Nisi. A decree, rule, or order of the Court is said to be made nisi when it is to take effect unless the party against whom it is made comes before the Court and gives reasons by a certain date why it should not take effect. See DECREE NISI; ABSOLUTE....
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."] ...
In judicio non creditur nisi juratis
In judicio non creditur nisi juratis [Lat.], in judicial procedure there is no credit, save to things sworn.In judicio non creditur nisi juratis. Cro. Car. 54.--(In a trial credence is given only to those who are sworn.) For admission of unsworn evidence of a child, however, in case of cruelty, etc., to child, see (English) Children and Young Persons Act, 1933 (23 Geo. 5, c. 12), s. 38. See CHILDREN (Evidence)....
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....
decree nisi
decree nisi see decree ...
judgment nisi
judgment nisi see judgment ...
nisi
nisi [Latin, unless] : taking effect at a later specified time unless previously modified or avoided by cause shown, further proceedings, or a condition fulfilled [an order ] compare absolute ...
Accusare nemo se debet, nisi coram Deo
Accusare nemo se debet, nisi coram Deo [Lat.], No one is compelled to accuse himself, except before God....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial