The term "nisi prius" is derived from Latin, meaning "unless the first." It refers to a type of court where a case is initially heard by a judge and jury, distinguishing it from appellate courts, which review decisions made by lower courts. Nisi prius courts are also known as courts of original jurisdiction, where the facts of a case are examined for the first time.
Nisi prius courts are primarily used in civil and criminal cases. They play a critical role in the judicial process by allowing for the presentation of evidence and witness testimony. Users may encounter nisi prius terminology when dealing with legal forms related to trials, such as jury summons or complaint forms. Tools like US Legal Forms offer templates that help users navigate these processes effectively.
Here are a couple of examples of abatement:
Example 1: A personal injury case is filed in a nisi prius court, where the plaintiff presents evidence and witnesses to support their claim against the defendant.
Example 2: In a criminal case, a defendant is tried in a nisi prius court, where the jury determines their guilt or innocence based on the evidence presented. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Differences |
|---|---|
| California | Nisi prius courts are common in civil cases, with specific procedures outlined in the California Code of Civil Procedure. |
| New York | In New York, nisi prius courts handle both civil and criminal cases, with distinct rules for jury selection. |
| Texas | Texas courts have specific guidelines for nisi prius proceedings, particularly in personal injury cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Nisi Prius | A court where cases are first heard. | Focuses on original jurisdiction and jury trials. |
| Appellate Court | A court that reviews decisions made by lower courts. | Does not conduct trials; reviews legal errors in previous cases. |
| Court of Original Jurisdiction | A court where a case is initially filed. | Nisi prius is a type of court of original jurisdiction that specifically involves jury trials. |
If you find yourself involved in a case that will be heard in a nisi prius court, consider the following steps:
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A nisi prius court is a court where a case is first heard by a judge and jury.