Legal Definitions - Voir dire

Voir dire refers to a preliminary examination conducted in court to determine the suitability of individuals for a particular role, most commonly as jurors or witnesses.

In the context of jury selection, voir dire is the process where prospective jurors are questioned by the judge and attorneys. The purpose is to uncover any biases, prejudices, or conflicts of interest that might prevent them from serving as impartial decision-makers in a trial. This questioning helps ensure that the jury ultimately selected can fairly consider the evidence and arguments presented.

Voir dire can also refer to the questioning of a potential witness, particularly an expert witness, to assess their qualifications, knowledge, and experience. This is done to determine if they possess the necessary expertise to provide reliable testimony on a specific subject matter in court.

• Example 1 (Jury Selection - Criminal Case): Imagine a high-profile criminal trial involving a complex financial fraud scheme. During voir dire, the judge and attorneys would question potential jurors about their understanding of financial concepts, their experiences with investment or banking, and any personal connections they might have to the financial industry or law enforcement. This questioning aims to identify individuals who might have pre-existing biases or a lack of understanding that could hinder their ability to fairly evaluate the evidence.

  How it illustrates the term: This process is a direct application of voir dire, as it involves questioning potential jurors to determine their suitability and impartiality for serving on the jury in a specific, complex case.

• Example 2 (Jury Selection - Civil Case): Consider a civil lawsuit where a plaintiff is suing a construction company for negligence after a building collapse. During voir dire, the attorneys might ask potential jurors about their experience with construction projects, their opinions on corporate responsibility, or if they or close family members have ever been involved in a lawsuit, either as a plaintiff or defendant. This helps reveal any predispositions that could affect their judgment.

  How it illustrates the term: Here, voir dire is used to screen potential jurors in a civil context, ensuring that the selected jury can approach the technical and liability aspects of the construction case without undue bias.

• Example 3 (Expert Witness Qualification): In a patent infringement case, a software company wants to introduce testimony from a computer science professor to explain the technical aspects of the patented algorithm. Before the professor can testify to the jury, the opposing attorney conducts a voir dire examination. They question the professor about their academic degrees, research publications, industry experience, and specific knowledge of the programming languages and technologies relevant to the patent. This is to ensure the professor is indeed an expert in the specific field.

  How it illustrates the term: This scenario demonstrates voir dire being used to determine the competence and qualifications of an expert witness, ensuring that only individuals with verifiable expertise are permitted to offer specialized opinions to the court.