nisi prius

noun

nisi pri·​us

-ˈprī-əs, -ˈprē-u̇s

: a court of record that tries an issue of fact before a jury and a single judge : trial court

also : the proceedings in such a court : the conducting of jury trials

long-distance travel eliminated the nisi prius practice of the justices

—W. J. Brennan, Jr.

Word History

Etymology

Medieval Latin, unless before, the words introducing a clause in an English writ commanding a sheriff to provide a jury at the Court of Westminster on a certain day unless the judges of assize previously come to the county from which the jury is to be returned