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Simple English definitions for legal terms
Commission of Oyer and Terminer
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A quick definition of Commission of Oyer and Terminer:
A Commission of Oyer and Terminer was a legal appointment given by the king or queen to a judge, usually a serjeant-at-law, to travel around the country and hear cases of serious crimes like murder and treason. The name comes from the French words "oyer et terminer" which mean "to hear and determine". The judge could only hear cases that had already been brought to trial and could only make a decision based on the evidence presented. They had to listen to the grand jury or inquest before they could make a decision with the help of the petit jury.
A more thorough explanation:
Definition: A royal appointment that allows a judge to hear and determine felony and treason cases while on the assize circuit. The term comes from the Law French phrase "oyer et terminer," which means "to hear and determine."
Example: Under the commission of Oyer and Terminer, judges can only proceed upon an indictment found at the same assize and before themselves. They must first inquire by means of the grand jury or inquest before they are empowered to hear and determine by the intervention of the petit jury.
Explanation: This means that the judge can only hear and determine cases that have been brought before them through an indictment found at the same assize. They cannot simply hear any case that is brought before them, but must first inquire through a grand jury or inquest to determine if there is enough evidence to proceed with a trial.