court of assize and nisi prius
Học thuậtThân thiện
Definition
Noun: - A historical type of county court in England that had jurisdiction over serious criminal cases (assizes) and certain civil cases (nisi prius). These courts were replaced by the Crown Courts in 1971.
Usage
- This term refers specifically to a defunct English legal institution. It is used in historical, legal, and academic contexts to describe the court system that preceded the modern Crown Court system.
- As a proper noun, it is often capitalized: .
Examples
Advanced Usage
- The term combines two distinct legal functions:
- Assize: Refers to the court's jurisdiction over serious criminal offenses (e.g., felonies).
- Nisi Prius: A Latin term meaning "unless before," referring to its civil jurisdiction where cases were tried locally by a jury "unless before" the trial date the judges from Westminster had arrived.
Variants and Related Words
- Assizes (n., plural): The periodic sessions held by these courts, often used synonymously with the court itself.
- Crown Court (n.): The modern court in England and Wales that assumed the jurisdiction of the Courts of Assize and Nisi Prius.
- Nisi Prius (n.): As a standalone term, it can refer to the trial court where issues of fact are decided by a jury.
Synonyms
- Assize court
- Circuit court (in the historical English context)
Notes
- This is a historical term. In contemporary legal language, "Crown Court" is the appropriate term for the court that now handles this level of jurisdiction in England and Wales.
- The phrase "nisi prius" is rarely used in modern legal practice outside of historical discussion.
Noun
- the county courts of England (replaced in 1971 by Crown courts)