Nisi

Lat. Unless. The word is often affixed, as a kind of elliptical expression, to the words "rule," "order," "decree," "judgment," or "confirmation," to indicate that the adjudication spoken of is one which is to stand as valid and operative unless the party affected by it shall appear and show cause against it or take some other appropriate step to avoid it or procure its revocation. Thus a "decree nisi" is one which will definitely cenclude the defendant's righis unless, within the prescribed time, he shows cause to set it aside or suceessfully appeals. The word, in this sense, is opposed to "absolute." And when a rule nisi is finally confirmed, for the defendant's failure to show cause against it, it is said to be "made absolute."

— Nisi feceris. 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. Stim. Law Gloss.

— Nisi prius. The nisi prius courts are such as are held for the trial of issues of fact before a jury and one presiding judge. In America the phrase is familiarly used to denote the forum (whatever may be its statutory name) in which the cause was tried to a jury, as distinguished from the appellate court. See 3 BI. Comm. 58.

— Nisi prius clause. In practice. A clause entered on the record in an action at law, authorizing the trial of the cause at nisi prius in the particular county designated. It was first used by way of continuance.

— Nisi prius roll. In practice. The roll or record containing the pleadings, issue, and jury process of an action, made up for use in the nisi prius court.

— Nisi prius writ. The old name of the writ of venire, which originally, in pursuance of the statute of Westminster 2, contained the nisi prius clause. Reg. Jud. 28, 75; Cowell.