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Posted By: wwh voir dire - 03/24/03 02:00 PM
Before the judge enters for the voir dire, a court official
cries Oyez,Oyez, Oyez.
Q. What is the meaning of the word "Oyez"?

A. OYEZ project takes its name from the phrase by which the Marshal of the Court calls the courtroom to order. OYEZ is pronounced "o-yay" or "o-yez" or "o-yes." It is used three times in succession to introduce the opening of a court of law. The origin of the word Oyez is Middle English, from Anglo-Norman, hear ye, imperative plural of oyer, to hear. from Latin audire.

The history of OYEZ is illuminating. "Hearing the cry 'Oyez, oyez, oyez' in a courtroom may have puzzled more than one auditor, especially if pronounced 'o-yes.' This cry serves to remind us that up until the 18th century, speaking English in a British court of law was not required and that one could use Law French, a form of French that evolved after the Norman Conquest, when Anglo-Norman became the language of the official class in England. Oyez descends from the Anglo-Norman oyez, the plural imperative of oyer, 'to hear'; thus oyez means 'hear ye' and was used as a call for silence and attention. Although it would have been much heard in Medieval England, it is first recorded as an English word fairly late in the Middle English period, in a work composed around 1425.

Posted By: dwavle Re: voir dire - 03/24/03 07:20 PM
Voir dire actually has a bigger role in litigation than today's definition explains. Attorneys for each side use voir dire to construct a jury, by questioning each potential juror about his or her life experiences, background, and opinions. If it appears that a potential juror would not be fair and objective, an attorney may challenge that juror "for cause". Alternatively, attorneys also have a certain number of peremptory challenges they may exercise to remove a potential juror without explanation. Because each attorney wants a jury that is sympathetic to his client's case, voir dire can be complicated and requires a great deal of preparation time, and it is questionable whether the defendant really ends up with a jury of "peers".

DSW
Posted By: wwh Re: voir dire - 03/24/03 09:33 PM
Dear dwavle: Thank you for your contribution. A good man is hard to find. Twelve are seldom found.

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