Legal Definition and Related Resources of Nisi
Meaning of Nisi
(Lat. unless). A word frequently affixed to the words order, rule, etc., to indicate that such order or rule is conditional, being operative unless the party shall show cause to the contrary.
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| Nisi in the Dictionary | Nisi in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Nisi |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
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| Related topics | Nisi in the World Encyclopedia of Law |
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This definition of Nisi is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
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| https://legaldictionary.lawin.org/nisi/ | The URI of Nisi (more about URIs) |
Concept of “Nisi”
Traditional meaning of nisi in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Unless; if not. Rule, decree nisi: see ABSOLUTE. Nisi feceris (shouldst thou not do it): the name of a clause commonly occurring in the old manorial writs, commanding that, if the lords failed to do justice, the King’s court or officer should do it. By virtue of this clause, the King’s court usurped the jurisdiction of the private, manorial, or local courts. Nisi prius: unless before; a term applied to trials of fact before a single judge; to the ordinary court, the court of a judge on his circuit, as distinguished from the full bench, or the courts at Westminster; see ASSIZE. Nisi prius court: see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 58; COURT, 27. A trial before a single judge with jury. Nisi prius record, roll: the parchment roll containing the pleadings, issue, and jury process of an action, made up for the use of the judge at nisi prius. Nisi prius writ: the old name of the writ of venire facias, which directed the sheriff to bring the men impanelled as jurors to the courts at Westminster unless before that the justices of assize came into his county; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 354.
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Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Nisi”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
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