The term Oyer and Terminer denotes the legal process of “hearing and determining.” It pertains to a court or commission that possesses the authority to listen to and resolve criminal cases.
Oyer and terminer is a legal term derived from the Law French phrase “oyer et terminer,” which means “to hear and determine.” It can refer to two distinct concepts: a commission of oyer and terminer and a court of oyer and terminer.
1. A commission of oyer and terminer may be issued by a monarch to investigate a specific crime or set of crimes. For instance, in 1675, King Charles II issued a commission of oyer and terminer to investigate the “Popish Plot,” an alleged conspiracy by Catholics to assassinate him and place his brother James on the throne.
2. A court of oyer and terminer is a type of court empowered to hear and determine criminal cases. In the United States, certain states have courts of oyer and terminer responsible for adjudicating serious criminal cases, such as murder. These examples exemplify the two different meanings of the term “oyer and terminer.” The first example demonstrates how a commission of oyer and terminer can be utilised to investigate a specific crime or set of crimes. The second example showcases how a court of oyer and terminer can be employed to try significant criminal cases. Both examples underscore the concept of “hearing and determining” a legal matter, which lies at the core of the term “oyer and terminer.”
An Oyer and Terminer court is a type of court that historically had jurisdiction over serious criminal cases, including capital offenses.
Oyer and Terminer courts typically handle cases involving serious criminal offenses, such as murder, rape, and other violent crimes.
In some jurisdictions, the term “Oyer and Terminer” may still be used to refer to a specific type of criminal court, while in others, it may have been replaced by other court systems.
The term “Oyer and Terminer” is derived from Old French and Latin, and it roughly translates to “to hear and determine” in English.
The judge in an Oyer and Terminer court is responsible for presiding over the trial, ensuring that legal procedures are followed, and ultimately making a decision on the guilt or innocence of the defendant.
Yes, a defendant has the right to appeal a decision made in an Oyer and Terminer court if they believe that legal errors were made during the trial.
Oyer and Terminer courts historically had jurisdiction over more serious criminal cases, while regular criminal courts handle a wider range of criminal offenses.
The potential penalties in an Oyer and Terminer court can vary depending on the specific criminal charges, but they may include imprisonment, fines, and in some cases, the death penalty.
Yes, in most cases, a defendant has the right to request a trial by jury in an Oyer and Terminer court.
If you are facing serious criminal charges, your attorney can provide information on whether your case will be heard in an Oyer and Terminer court or another type of criminal court.
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.
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