What Does Legal Term Nisi Mean

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: (nee-see pree-us) Latin adj. for “except first”, in some jurisdictions it means the court of first instance that heard a case, as opposed to a court of appeal, as in court nisi prius. “Court of First Instance” is often replaced by the term nisi prius. Thomas contradicts Aristotle by holding quod nullum ens esset nisi corpus. “Nisi.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/nisi. Retrieved 10 October 2022. Populus longinquo propinquve populo vix habet commercium, nisi quod bello inferendo, aut defendendo potest interuenire. Hinc sequitur nimirum, vt pruinosa sit, & tam ventosa, sed flatu non nisi fer 72 algido. Another exception to injunctions is when a creditor attempts to impose a charge on amounts owed on land. A court issues an indictment order after presenting certain evidence and a hearing date is set. If, at the hearing, the court is satisfied that the creditor has the right to encumber the debtor`s assets, it issues a notice of absolute costs. The term is used in many common law jurisdictions, but is more common in the United Kingdom than in the United States. [2] Lat.

The word is often added as a kind of elliptical expression to the words “rule”, “order”, “order”, “judgment” or “confirmation” to indicate that the decision in question is valid and effective, unless justified and justified by the party concerned. or take any other appropriate action to prevent them or cause them to be removed. A “nisi decree” is therefore a “nisi decree” that definitively establishes the rights of the defendant, unless he demonstrates a reason to cancel it within the prescribed time or appeals. The word contrasts with “absolute” in this sense. And when a rule is finally confirmed because the defendant has not advanced any reason against it, it is said to be “absolute”. In most common law countries, a decree nisi must be obtained in possession proceedings before the court orders enforcement under the mortgage foreclosure. The assize judges, by virtue of their nisi prius commission, deal with the cases thus identified. In England and Wales, the minimum interval between the adoption of the Nisi Decree and the Absolute Decree was amended by the Family Law Act 1996[4] and is now six weeks. In practice, courts use an interval of six weeks and one day.

This form of decision has recently become rare, with a few exceptions: in some jurisdictions, it is still a standard step in divorce proceedings. In Hong Kong, England and Wales, section 1(5) of the Matrimonial Causes Act 1973[3] provides that “any judgment of divorce is primarily a judgment nisi and cannot be made final until six months after the date of issue”, and section 9(1) allows any person (including the Queen`s Overseer) before the judgment becomes absolute: “explain why the decree should not be absolutized because essential facts have not been brought before the courts.” Impotens vix dici potest, nisi propter aversionem sexualem a maribus. A decree nisi or rule nisi (from Latin nisi “unless”) is a court order that comes into effect at a later date, unless a specific condition is met. [1] If the condition is not met, the judgment becomes an absolute decree (absolute rule) and is binding. [2] Generally, the condition is that an aggrieved party provide satisfactory evidence or arguments that the Order should not come into force (i.e. The Order in Council comes into force unless the party proves that this is not the case). [2] For this reason, a decree nisi can also be called a rule, ordinance or decree to explain the reasons. Using the example of a divorce, the wording of such a judgment is usually in the form “that the marriage contracted on (date) between AB and CD is dissolved for reasons, UNLESS the court has reasonable cause not to render such absolute judgment within six weeks”. This gives each party who opposes the divorce time to raise these objections. If neither party objects, the dissolution by operation of law takes effect.

Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary.