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non prosequitur

Extremely Low (E)
UK/ˌnɒn ˈprɒsɪˌkwɪtə/US/ˌnɑːn ˈprɑːsɪˌkwɪtər/

Formal, Specialized/Legal

My Flashcards

Definition

Meaning

A plaintiff's failure to pursue a lawsuit; a legal judgment against a plaintiff who fails to proceed with their case.

In a broader sense, any failure to follow through on a stated intention or course of action, though this usage is very rare.

Linguistics

Semantic Notes

Specifically a legal term of art (Latin). The phrase is not used in common parlance and its understanding is almost entirely confined to legal contexts. It is a noun.

Dialectal Variation

British vs American Usage

Differences

The term is used and understood in the legal systems of both countries due to its Latin origin, but the procedural details may differ.

Connotations

Purely technical and procedural in both contexts. No affective connotation.

Frequency

More frequent in older legal texts; modern court rules often use the English phrase "voluntary dismissal" or "failure to prosecute" for similar procedures. The Latin term is now quite archaic.

Vocabulary

Collocations

strong
enter a non prosequitura judgment of non prosequiturfiled a non prosequitur
medium
non prosequitur was entereddismissed by non prosequitur
weak
a non prosequitur in the casemotion for non prosequitur

Grammar

Valency Patterns

[Plaintiff/party] entered a non prosequiturThe court granted a non prosequitur against [plaintiff]

Vocabulary

Synonyms

Strong

judgment of non prosequitur

Neutral

failure to prosecutedismissal for want of prosecutionvoluntary dismissal

Weak

discontinuanceabandonment

Vocabulary

Antonyms

prosecutionpursuit of claimtrial on the merits

Usage

Context Usage

Business

Virtually unused.

Academic

Exclusively in historical or formal legal scholarship.

Everyday

Never used.

Technical

Used in specific, formal legal documents and historical legal discussions.

Examples

By CEFR Level

B2
  • The plaintiff's lack of action led the court to record a judgment of non prosequitur.
C1
  • The antiquated plea of non prosequitur has largely been superseded by modern rules allowing for dismissal for failure to prosecute a case diligently.

Learning

Memory Aids

Mnemonic

Non prosequitur = NON-PROsecution; you are NOT pursuing (prosequitur) the case.

Conceptual Metaphor

LEGAL PROCEDURE IS A JOURNEY (a failure to proceed on the journey).

Watch out

Common Pitfalls

Translation Traps (for Russian speakers)

  • Do not confuse with non sequitur (логическая ошибка).
  • The word-for-word translation 'не преследует' is incorrect in a legal context.
  • It is a specific legal procedure, not a general statement of inaction.

Common Mistakes

  • Spelling or pronouncing it as 'non sequitur'.
  • Using it in non-legal contexts.
  • Treating it as a verb (e.g., 'He non prosequiturred').

Practice

Quiz

Fill in the gap
In the 19th-century case, the judge entered a against the claimant who failed to appear in court.
Multiple Choice

In which context is 'non prosequitur' most appropriately used?

FAQ

Frequently Asked Questions

No. 'Non sequitur' is a logical fallacy where a conclusion does not follow from the premises. 'Non prosequitur' is a specific legal judgment.

No. A non prosequitur is a judgment against the plaintiff (the party who brought the suit) for failing to proceed with their case.

No, it is considered archaic. Modern court rules use phrases like 'dismissal for failure to prosecute' or 'involuntary dismissal' instead.

It is sometimes abbreviated as 'non pros.' in older legal citations.