Legal Definitions - Commission of Oyer and Terminer

Definition: A royal appointment that allows a judge to hear and determine felony and treason cases while on the assize circuit. The term comes from the Law French phrase "oyer et terminer," which means "to hear and determine."

Example: Under the commission of Oyer and Terminer, judges can only proceed upon an indictment found at the same assize and before themselves. They must first inquire by means of the grand jury or inquest before they are empowered to hear and determine by the intervention of the petit jury.

Explanation: This means that the judge can only hear and determine cases that have been brought before them through an indictment found at the same assize. They cannot simply hear any case that is brought before them, but must first inquire through a grand jury or inquest to determine if there is enough evidence to proceed with a trial.