Legal Definitions - terminer

The term "terminer" is rarely used alone in modern legal contexts. It is almost exclusively encountered as part of the historical legal phrase Oyer and Terminer.

Oyer and Terminer refers to a type of special commission or court, historically granted by a sovereign or government, empowering judges to hear (from the Old French "oyer") and determine (from the Old French "terminer") certain types of cases, typically serious criminal offenses. It signifies the authority to conduct trials, examine evidence, and render judgments. While the specific phrase "Oyer and Terminer" is less common in modern court systems, the underlying power to hear and decide cases is fundamental to all criminal courts.

Here are some examples illustrating the concept of "terminer" within the context of "Oyer and Terminer":

• Example 1: A Historical Commission for Rebellion

  Following a significant rebellion in a historical kingdom, the monarch might issue a "Commission of Oyer and Terminer" to a group of trusted judges. This commission would grant them the specific authority to travel to the affected regions, *hear* the cases of individuals accused of treason or sedition, and then *determine* their guilt or innocence, imposing sentences as prescribed by law. This demonstrates "terminer" as the power to make a final, binding judgment after considering all evidence related to the rebellion.

• Example 2: A Special Court for Maritime Piracy

  In the 18th century, a colonial government facing a severe outbreak of piracy along its trade routes might establish a "Court of Oyer and Terminer" specifically for maritime crimes. Judges in this special court would be empowered to *hear* testimony from captured pirates, examine evidence from seized ships, and *determine* the fate of the accused, whether it be conviction, acquittal, or other legal outcomes. Here, "terminer" highlights the court's authority to bring these complex piracy cases to a definitive conclusion.

• Example 3: The Inherent Power of Modern Criminal Courts

  Although modern courts do not typically use the name "Oyer and Terminer," a state's highest criminal court, for instance, inherently possesses the power of "oyer and terminer" for all felony cases within its jurisdiction. When a judge presides over a complex murder trial, they are empowered to *hear* all witness testimonies, review forensic evidence, and consider legal arguments from both sides. Ultimately, the court's role is to *determine* the defendant's guilt or innocence and, if applicable, the appropriate sentence. This illustrates that the fundamental authority to hear and definitively decide cases, which "terminer" represents, is a core function of our contemporary justice system.