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What is a rule nisi in a civil case?
Rule Nisi (pronounced "nigh-sigh") is a petition that orders an individual in a legal action to appear in court to explain why that individual has not been doing what they were ordered to do. I have only seen it in divorce cases where one ex-spouse was ordered to pay something or give something to the other ex-spouse but they failed to do so. So the nisi is issued to summon the offending spouse into court to explain him (or her) self.
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Nisi means "taking effect at a specified time unless previously modified or avoided by cause shown, further proceedings, or a condition fulfilled."
a civil case involves a noncriminal matter
There is no time limit set in law. It may take as long as it takes for the judge to research all the legal references and laws which bear upon the matter. Also - you must re…member that YOUR case is not the only one the judge has on his docket and he will usually address them in the order they come to him.
Answer If the question is about whether or not "Rule Nisi" is legal, yes. Rule Nisi (pronounced "nigh-sigh") is a petition that orders an individual in a legal act…ion to appear in court to explain why said individual has not been keeping up what they were ordered to do. I have only seen it in divorce cases where one ex-spouse was ordered to pay something or give something to the other ex-spouse but they did not. So the nisi is issued to call the offending spouse into court to explain him or her self. A "rule nisi" is a name given to a court ruling, order, decree or judgment to indicate that it that adjudication is to stand as valid valid and operative unless the person affected by that adjudication appears before the court to show cause against it. It is different from the usual order to show cause. The usual one states that something will be done in the future unless the party that does not want that to be done appears in court to show cause why it should not be done. In a rule nisi, the "something" is already taken but the party has an opportunity to argue against it.
Yes, this is especially true with accounting/business issues, such as at Enron. Once the court has declared wrongdoing in a civil matter, the DA next looks to hold those respo…nsible for this wrongdoing liable in criminal court.
All cases that are not criminal are civil. When two private parties have a dispute, it is civil. When one party is charged with a crime by the state, it is criminal.
Rule Nisi is the "Order to Show Cause". Meaning that the ruling is absolute unless the party to whom it applies can show cause why it should not apply.
In a word, money. Legally, they seek "compensation" for their losses. Not all plaintiffs seek money damages (called "legal relief") from defendants, although this is the …most common. Many times, plaintiffs seek what is called "equitable relief" Equitable relief is granted when legal relief, i.e. money, is inadequate to compensate a plaintiff for the harm done. Examples of equitable relief are restraints, injunctions, specific performance of contracts, declaratory judgments, divorces, will invalidations, foreclosures, partitions, ejectments, appointments of receivers, cease and desist orders, shareholder derivative actions and other types of remedies that may have to be individually crafted to properly compensate the plaintiff.
Civil cases are punished by means of fines or restrictions or controls on ones activities or business - no jail or prison time is called for in the statute. Criminal cases - …the defendant can be sentenced to jail or prison. The threshold for conviction in a criminal case is beyond a shadow of a doubt. Jurors must feel 100% certain that a conviction has been proven without any doubt in their mind. In civil court, its purponderence of the evidence. If youre 51% sure of something, thats good enough. You can have doubts or reservations, but youre going strictly on what you believe is more likely than not. The way a trial moves a long is much different, too. Criminal cases tend to be scattered over many short appearence in court, while civil cases are usually given a scheduled time of anywhere from a day to 5 weeks, where they are the only people before the judge.
A civil case is one involving noncriminal matter such as a contractor a claim of patent infringement.
NISI is a designation to "show cause" relating to why a ruling shouldn't be absolute and enforceable. The party to whom it applies is given the opportunity to prove why the …ruling should not stand. For example, the amount of child support ordered. If the non custodial parent believes they cannot pay the amount he or she needs to present evidence supporting that claim.
Not necessarily but they can be. :)
JUDGMENT NISI -- Nisi is Latin for "unless." A judgment nisi is an intermediate judgment which will become final unless a party appeals or formally requests the court to set i…t aside. An interlocutory decree is properly referred to as a judgment nisi.
In Criminal Law
The penalty for violating criminal law can be a monetary fine, jail, or prison. The penalty for violating civil law can amount to no more than a monetary fine. There is no i…ncarceration involved in violating civil law. - - - - - The official difference is that criminal law is concerned with the welfare of the community as a whole, where as civil law is aimed for the individual. Civil cases provide a remedy - such as a monetary award to restore the 'victim'. Criminal cases involve the police and give sanctions (such as jail), which dont associate in civil law. - i read this out of my textbook...
If the question refers to a civil judgment for debt the answer would be no. All Social Security benefits are exempt from garnishment by creditors. If the question relates …to child support obligations all SS benefits are subject to garnishment. In matters of personal injury awards depending upon the circumstances of the case SS benefits may subject to garnishment.