Latin for Lawyers

L ATIN FOR L AWYERS

NIL FRUSTRA AGIT LEX The law always has a purpose. The law never acts in vain. NISI [L. if not, unless]

Used before or after a word such as decree, order, judgment, or rule , to indi cate that an adjudication is conditional and not absolute, but that it will become final and absolute unless the party who is the subject of the decree or order takes steps to cure a defect, i.e., that he appear, show cause, appeal, etc., before a specified date or event. NISI DECREE See DECREE NISI NISI PRIUS [L. nisi + prius / the first, the former] A trial before a single judge or a judge and jury, as distinguished from a pro ceeding before an appellate court. The phrase dates to practice in the early English common law courts. Now used to distinguish a trial court from an appellate court. NOLENS VOLENS [L. nolo, nolle, nolui / to be unwilling, to refuse + volo, vele, volui / to be willing, to want to] Literally, whether you’re willing or unwilling. NOLLE PROSEQUI (NOL PROS) [ L. nolle / he is unwilling + prosequi / to follow, to pursue]. He is unwilling to prosecute. A statement to the court by the plaintiff in a civil action and, more frequently, by the prosecutor in a criminal action that he does not wish to proceed, i.e., that the action is dropped and discontinued. The statement is made part of the record and results in dismissal of the action. See NON PROSEQUITOR; NON VULT PROSEQUI NOLO CONTENDERE [L. nolle + contendere / to strain against, to exert, to resist] Literally, I do not (wish to) contest. In a criminal action, a plea interposed by the defendant which has the effect of stopping the proceeding without a plea of guilty or not guilty. The effect is to subject the defendant to the same pen alties as a guilty plea or determination, but to avoid a lengthy and expensive trial and, also, the use of the guilty plea against the defendant in a civil action based on the same facts. Under the federal rules, the plea may be interposed only if the court approves after considering all the circumstances. See NON VULT CONTENDERE

253