A Commission of Oyer and Terminer was a legal appointment from the monarch to a judge, typically a serjeant-at-law, to travel and preside over serious crime cases such as murder and treason. The term is derived from the French words “oyer et terminer” meaning “to hear and determine”. The judge’s authority was limited to cases that had already gone to trial and their decision was based solely on the evidence presented. They were required to listen to the grand jury or inquest before reaching a decision with the assistance of the petit jury.
Oyer and Terminer is a royal appointment that grants a judge the authority to preside over felony and treason cases during the assize circuit. The term originates from the Law French phrase “to hear and determine.” For instance, judges operating under the Oyer and Terminer commission can only proceed with cases based on an indictment found at the same assize and before themselves. Before they are empowered to hear and determine, they must first conduct an inquiry through a grand jury or inquest. This implies that judges can only handle cases that have been brought before them through a proper indictment, and they cannot simply hear any case that is presented. They must assess the evidence through a grand jury or inquest to determine if there is sufficient grounds for a trial.
A Commission of Oyer and Terminer is a legal authority granted by a court to hear and determine cases involving serious criminal offenses, such as murder or treason.
A Commission of Oyer and Terminer is typically issued by a higher court, such as a state or federal court, in response to a request made by the prosecuting authority.
The purpose of a Commission of Oyer and Terminer is to establish a special court or tribunal to handle specific criminal cases that require immediate attention or involve complex legal issues.
A Commission of Oyer and Terminer differs from a regular criminal court in that it is specifically convened to handle certain cases, often those of a more serious nature, and is composed of judges or justices specially appointed for that purpose.
No, a Commission of Oyer and Terminer is typically reserved for cases involving serious criminal offenses, such as murder, treason, or other capital crimes.
Judges or justices are usually appointed to a Commission of Oyer and Terminer by the court issuing the commission, based on their expertise and experience in handling complex criminal cases.
Yes, decisions made by a Commission of Oyer and Terminer can be challenged or appealed, just like any other court decision. The specific procedures for challenging or appealing may vary depending on the jurisdiction.
The duration of a Commission of Oyer and Terminer can vary depending on the specific case or cases it is established to handle. It may be dissolved once the cases are resolved or when its purpose is fulfilled.
No, a Commission of Oyer and Terminer is typically used only in criminal cases. Civil cases are usually handled by regular civil courts.
Yes, a Commission of Oyer and Terminer is subject to the same legal limitations and procedural rules as any other court. It must adhere to the principles of due process and fairness in its proceedings.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/commission-of-oyer-and-terminer/
- Modern Language Association (MLA):Commission Of Oyer And Terminer. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/commission-of-oyer-and-terminer/.
- Chicago Manual of Style (CMS):Commission Of Oyer And Terminer. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/commission-of-oyer-and-terminer/ (accessed: May 09 2024).
- American Psychological Association (APA):Commission Of Oyer And Terminer. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/commission-of-oyer-and-terminer/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts