Legal Definitions - viva voce

Viva voce refers to something done by word of mouth or orally, rather than in writing or through a secret ballot. In legal and formal settings, it commonly describes how testimony is given or how votes are cast.

Here are some examples illustrating the use of viva voce:

• Courtroom Testimony: During a criminal trial, a key witness is called to the stand to recount the events they observed. The prosecutor and defense attorney then question the witness directly, and the witness provides their answers verbally.

  This is an example of viva voce testimony because the witness delivers their account and responds to questions orally, in person, allowing the jury and judge to hear their words and observe their demeanor directly, rather than relying on a written statement.

• Parliamentary Voting: In a parliamentary session, after a lengthy debate on a proposed bill, the Speaker calls for a vote. Instead of members casting individual electronic or paper ballots, the Speaker asks those in favor to shout "Aye" and those opposed to shout "No," and then declares the outcome based on the volume of the responses.

  This illustrates a viva voce vote, where the decision is made by the spoken affirmation or dissent of the members, rather than through a more formal, written, or secret ballot process.

• University Dissertation Defense: A graduate student, having completed their doctoral research, presents their findings to a committee of professors. Following their presentation, the committee engages the student in a detailed question-and-answer session about their methodology, results, and conclusions.

  This defense is a viva voce examination. The student orally presents their work and verbally responds to the committee's questions, demonstrating their expertise and defending their research through direct, spoken interaction.