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oyer and terminer

[ tur-muh-ner ]

noun

, Law.
  1. (in some U.S. states) any of various higher criminal courts.
  2. British.
    1. a commission or writ directing the holding of a court to try offenses.
    2. the court itself.


oyer and terminer

/ ˈtɜːmɪnə /

noun

  1. English law (formerly) a commission issued to judges to try cases on assize. It became obsolete with the abolition of assizes and the setting up of crown courts in 1972
  2. the court in which such a hearing was held
  3. (in the US) a court exercising higher criminal jurisdiction
“Collins English Dictionary — Complete & Unabridged” 2012 Digital Edition © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012
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Word History and Origins

Origin of oyer and terminer1

1375–1425; late Middle English < Anglo-French: literally, to hear and determine
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Word History and Origins

Origin of oyer and terminer1

C15: from Anglo-Norman, from oyer to hear + terminer to judge
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Example Sentences

In the new law courts—for Fort Mayne was over—the lawyers were as busy as bees, issuing writs for attainder, chancery, chevisance, disseisin, distraint, distress, embracery, exigent, fieri facias, maintenance, replevin, right of way, oyer and terminer, scot and lot, Quorum bonorum, Sic et non, Pro et contra, Jus primae noctis, and Questio quid juris?

None of this, however, would have led to such a high body count if it weren’t for William Stoughton, chief magistrate of the Court of Oyer and Terminer, a hanging judge if there ever was one.

From Slate

A very prominent and able lawyer of New York City, who had the reputation of never losing a case, was accosted by a well-known offender of the law on trial for felony before the court of Oyer and Terminer.

A certain number of them hold courts of chancery, general sessions, oyer and terminer, and an orphans’ court; the six together constitute the supreme court, but the judge from whose decision appeal is made may not hear the appealed case unless the appeal is made at his own instance.

This was the kind of evidence relied upon in the case of G. B. in the Court of Oyer and Terminer held at Salem in 1692.

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