Legal Definitions - oyer and terminer

Oyer and terminer refers to a special commission or court established with the authority to "hear and determine" legal cases, particularly serious criminal matters. Historically, it was a royal commission issued to judges, granting them the power to investigate, try, and pass judgment on offenders in a specific area or for a particular set of crimes. While the specific "Court of Oyer and Terminer" is largely historical in many jurisdictions, the underlying principle of granting broad judicial authority to address specific legal challenges remains relevant.

• Imagine a situation in 17th-century England where a remote county was plagued by a series of unsolved highway robberies and murders, causing widespread fear and disrupting trade. The local courts were overwhelmed or ineffective. To restore order, the King might issue a Commission of Oyer and Terminer to a group of trusted judges. This commission would empower these judges to travel to that specific county, conduct trials for the accused robbers and murderers, hear all evidence, and deliver verdicts and sentences, effectively acting as a special, temporary court with full judicial authority to resolve the crisis.

• Consider a hypothetical scenario in a newly formed nation facing a severe crisis of widespread public corruption that has paralyzed its government and economy. The existing judicial system is slow and lacks the specialized resources to handle the sheer volume and complexity of these cases. To address this urgent issue, the new government might establish a special Court of Oyer and Terminer, or a tribunal operating under similar principles. This court would be specifically mandated and empowered to hear and determine cases of high-level corruption, investigate allegations, conduct trials, and impose penalties, with the aim of quickly and decisively restoring public trust and accountability.