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Encyclopedia > Oyer and Terminer

Oyer redirects here. For the county in Norway, see Øyer County Oppland District Gudbrandsdalen Municipality NO-0521 Administrative centre Tingberg Mayor (2003) Ole Hageløkken (Ap) Official language form Neutral Area  - Total  - Land  - Percentage Ranked 176 640 km² 616 km² 0. ...


Oyer and terminer is the Anglo-French name, meaning to hear and determine, for one of the commissions by which a judge of assize sits; it is also known as audiendo et terminando. By the commission of oyer and terminer the commissioners (in practice the judges of assize, though other persons are named with them in the commission) are commanded to make diligent inquiry into all treasons, felonies and misdemeanours whatever committed in the counties specified in the commission, and to hear and determine the same according to law. The inquiry is by means of the grand jury; after the grand jury has found the bills submitted to it, the commissioners proceed to hear and determine by means of the petit jury. The words oyer and terminer are also used to denote the court which has jurisdiction to try offences within the limits to which the commission of oyer and terminer extends. Anglo-French is a term that may be used in several contexts: Nationality, eg. ... The Courts of Assize, or Assizes, were periodic criminal courts held around England and Wales until 1972, when together with the Quarter Sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. ... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... This article is confusing for some readers, and needs to be edited for clarity. ...


Created by Governor Will Phips, Oyer and Terminer was designed for the Salem Witch Trials and was dissolved in 1693 when the trials were reflected upon and disapproved. One of the courtmen, Increase Mather stated that, "It is better that 10 suspected witches escape than that one innocent person killed."


By the Treason Act of 1708, the crown has power to issue commissions of oyer and terminer in Scotland for the trial of treason and misprision of treason. Three of the lords of justiciary must be in any such commission. An indictment for either of the offences mentioned may be removed by certiorari from the court of oyer and terminer into the court of justiciary. Motto: (Latin for No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy  - Queen Queen Elizabeth II  - Prime Minister of the UK Tony Blair MP  - First Minister Jack McConnell MSP Unification    - by Kenneth I... Traitor redirects here. ... Misprision of treason is an offence found in many common law jurisdictions, committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority. ... This law-related article does not cite its references or sources. ...


In the United States oyer and terminer is the name given to courts of criminal jurisdiction in some states, e.g. New York, Pennsylvania, and Georgia. NY redirects here. ... Official language(s) None Capital Harrisburg Largest city Philadelphia Area  Ranked 33rd  - Total 46,055 sq mi (119,283 km²)  - Width 280 miles (455 km)  - Length 160 miles (255 km)  - % water 2. ...


References

  • This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.

  Results from FactBites:
 
Oyer And Terminer - LoveToKnow 1911 (183 words)
OYER AND TERMINER, the Anglo-Frenchname, meaning " to hear and determine," for one of the commissions by which a judge of assize sits (see Assize).
The words oyer and terminer are also used to denote the court which has jurisdiction to try offences within the limits to which the commission of oyer and terminer extends.
An indictment for either of the offences mentioned may be removed by certiorari from the court of oyer and terminer into the court of justiciary.
Assize Court - Wikipedia, the free encyclopedia (693 words)
The Assizes heard the most serious cases, which were committed to it by the Quarter Sessions (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace in petty sessions (also known as Magistrates' Courts).
Thus they were known as writs of nisi prius (Latin "unless before"): the jury would hear the case at Westminster unless the king's justices had assembled a court in the county to deal with the case beforehand.
The commission of oyer and terminer, was a general commission to hear and decide cases, while the commission of gaol delivery required the justices to try all prisoners held in the gaols.
  More results at FactBites »


 

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