Nisi

Unless.

A rule or order of court, which is to become absolute after service, "unless" good cause to the contrary is shown, is termed in common-law practice a rule nisi. Such rules or orders are called, in systems of practice under a code or practice act, orders to show cause.

Nisi prius

Unless before. Emphatic words formerly contained in the venire for summoning jurors for the trial of causes in the superior courts of law in England, adopted to designate courts or terms of court held for the trial of issues of fact, in civil causes, before a jury, as distinguished from the argument of issues and questions of law before the court in bench. The origin of the phrase is traced to the provisions of Magna Charta, that the common pleas should be held in one place, and no longer follow the person of the king; but that assises of novel disseisin and assises of mort d'ancestor, then the commonest remedies for the recovery of land, should, instead of being tried at Westminster, in the common pleas, be taken into their proper counties before the justices in eyre, who were to be sent into every county once in each year for that purpose. For the convenience of parties, a practice soon grew up of continuing causes in the superior courts, by an entry on the record giving the parties in the cause a day in the higher court, "unless before" that day the justices in eyre should come into the county where the cause of action arose, in which event they had jurisdiction to try the cause. This entry in the record was called the nisi prius clause. The practice, having been found very convenient, was confirmed by the statute 13 Edw. I. ch. 30, often called the statute of nisi prius, but more generally known as the statute of Westminster 2. This statute, in prescribing the form of the venire, adopted the language of the nisi prius clause previously entered of record, the sheriff being directed to cause the jurors to come before the justices at Westminster on a day specified, "unless" the justices of assize should, at a certain day and place, come to those parts, &c. The venire was later framed in the alternative, directing the jurors to be summoned to come before the justices at Westminster, &c., or before the justices of assize, if they should sooner come to the place of trial, on the day designated. Such a venire was termed a nisi prius writ; and, the nisi prius clause being thus inserted in the venire, was thenceforward omitted from the entry of record of the continuance. In modern English practice, under the provisions of the statute 42 Edw. III. ch. 11, this clause was altogether omitted from the venire, and inserted in the distringas. But, from the continued use of the phrase in this connection, it gradually came to be used, not only as the name of the writ by which a trial by jury of an issue of fact was authorized, of the court in which the trial was had, and of the record used for the trial, but also of the whole system of proceeding, and of the several steps in the proceedings, at such a trial.

Nisi prius court

The nisi prius courts are such as are held for the trial of issues of fact before a jury and one presiding judge. It is in these courts that the various disputes and differences which daily arise between man and man, and which form the subject-matter of civil actions, are heard and determined. The circumstance of the nisi prius courts taking cognizance of questions of fact only arising between man and man in his civil capacity occasions them to be frequently mentioned in contradistinction to the criminal courts, and to the courts sitting in banc or banco for the hearing and determining questions of law. Thus, a judge may be said to be sitting in banc or at nisi prius. In the one case, he would, in company with three other learned judges, be hearing and determining questions of law which have been raised for the opinion of the court; in the other, he would be presiding at the trial of some question of fact which was to be submitted to the consideration of a jury. So, at the assizes, a judge is said to be sitting in the nisi prius court as distinguished from the crown court, wherein the trial of prisoners takes place. The origin of the phrase, in this application of it, is in the old form of praecipe to the sheriff, commanding him to have the persons of the jury at Westminster on such and such a day, "unless sooner" (nisi prius) the judge should go down himself to the country to try the case there. Brown. Nisi prius record, or roll. These terms were applied to the record of the cause made up for the use of the court upon a trial at nisi prius, containing entries of the pleadings and the issue, so as to constitute a summary of the proceedings in the cause. After the verdict, or other termination of the trial, the postea (q. v.) was entered on the back of the nisi prius record, and formed the ground for the final entry of judgment.