nolle prosequi
Very LowFormal, Technical/Legal
Definition
Meaning
A formal legal declaration by a prosecutor to discontinue all or part of a criminal proceeding before trial or judgment.
In broader legal contexts, it signifies the discretionary power of the state to terminate a prosecution, effectively dropping charges. The decision is final for that particular indictment.
Linguistics
Semantic Notes
The term is a Latin phrase used as a noun in English legal proceedings. It refers to the act or the document recording the act of abandonment. It is not used as a general synonym for 'give up'.
Dialectal Variation
British vs American Usage
Differences
In the UK, the term is exceptionally rare and archaic in common law contexts; discontinuance or 'offering no evidence' is standard. In the US, it remains a formal, though not everyday, term used in federal and some state jurisdictions.
Connotations
Both imply prosecutorial discretion and finality. In the US, it carries a formal, official connotation. In the UK, it is a historical legal relic.
Frequency
Extremely rare in modern UK legal practice. Modestly low but recognized in specific US legal writing and procedure.
Vocabulary
Collocations
Grammar
Valency Patterns
The prosecutor [verb: filed/entered/granted] a nolle prosequi [preposition: on/in] the case.Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Usage
Context Usage
Business
Not used.
Academic
Used only in advanced legal history or comparative law studies.
Everyday
Virtually never used.
Technical
Exclusively used in formal legal documentation and discourse within specific jurisdictions, primarily the US.
Examples
By CEFR Level
- After reviewing new evidence, the state attorney decided to file a nolle prosequi.
- The court noted the entry of a nolle prosequi on the drug charges, while the conspiracy count proceeded to trial. The defence argued that the partial nolle prosequi indicated a weak case.
Learning
Memory Aids
Mnemonic
Think: 'NOLLe' sounds like 'null' or 'no', and 'prosequi' suggests 'prosecute'. So, it means 'to nullify the prosecution'.
Conceptual Metaphor
LEGAL ACTION IS A JOURNEY; a nolle prosequi is an official decision to stop the journey before reaching the destination (trial/verdict).
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Не переводить дословно. Не является синонимом общего 'оправдания' (acquittal). Это именно отказ обвинения от продолжения дела, часто до суда.
- Не использовать в неюридических контекстах.
Common Mistakes
- Using it as a verb (e.g., 'They nolle prosequied the case' is non-standard).
- Confusing it with a dismissal by the judge.
- Mispronouncing 'prosequi' as 'pro-sek-wee'.
- Using it in informal writing.
Practice
Quiz
What is the primary effect of a nolle prosequi?
FAQ
Frequently Asked Questions
No. An acquittal is a finding of 'not guilty' by a judge or jury after a trial. A nolle prosequi is a decision by the prosecution not to proceed, so there is no verdict on the merits.
Typically, yes, unless otherwise stated. A nolle prosequi usually leaves open the possibility of reinstating charges later, unlike a dismissal 'with prejudice'.
It is filed by the prosecuting authority (e.g., District Attorney, Crown Prosecutor in historical context), not by the defence or the judge.
No, it is considered archaic in the UK. Modern British procedure uses terms like 'discontinuance' or the prosecution 'offering no evidence'.