Dictionary Search: "oyer" - Pakistan Law Portal

Commission of Oyer and Terminer

[Law French oyer et terminer "to hear and determine"] Hist. A royal appointment authorizing a judge (often a serjeant-at-law) to go on the assize circuit and hear felony and treason cases. Cf COMMISSION OF GAOL DELIVERY; COURT OF OYER AND TERMINER."[U]nder the commission of Oyer and Terminer, as the judges are directed to inquire as well as to hear and determine the same, they can only proceed upon an indictment found at the same assize, and before themselves; for 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." 1 Joseph Chitty, A Practical Treatise on the Criminal Law 142 (2d ed. 1826).

Court of Oyer and Terminer

1. Hist. An assize court commissioned by the Crown to pass through the counties two or more times a year and hear felonies and treason cases. * The judges sat by virtue of several commissions, each of which, strictly speaking, created a separate and distinct court. A judge with an oyer and terminer commission, for example, was allowed to hear only cases of felony and treason; he could not try persons charged with other criminal offenses. But if the judge also carried a commission of gaol delivery (as most did), he could try all prisoners held in gaol for any offense; in this way most Courts of Oyer and Terminer gathered full criminal jurisdiction. The jurisdiction of the assize courts was taken over by the Crown Court in 1971. See ASSIZE (1); COMMISSION OF OYER AND TERMINER; COMMISSION OF GAOL DELIVERY. 2. In some states, a court of higher criminal jurisdiction.

Court of Oyer and Terminer and General Gaol Delivery

Hist. 1. A court that carries the commissions of oyer and terminer and gaol delivery. 2. In Pennsylvania, a court of criminal jurisdiction.

Employer

A person who controls and directs a worker under an express or implied contract of hire and who pays the worker's salary or wages. Cf. PRINCIPAL (1).

Federal Employers' Liability Act

A workers'-compensation law that provides death and disability benefits for employees of railroads engaged in interstate and foreign commerce. 45 USCA §§ 51-60 - Abbr. FE1,A.

Pennoyer rule

The principle that a court may not issue a personal judgment against a defendant over which it has no personal jurisdiction pennoter u. Neff, 95 us. 714 (1877)

Plaidoyer

n. [French[ Hist. An advocate's plea.

demand of oyer

Hist. The assertion of a party's right to hear, read, or inspect a deed of which profert is made by the opposing party in a pleading. See OYER (3).

employers' liability.

See WORKERS' COMPENSATION.

employers'-liability insurance

1. An agreement to indemnify an employer against an employee's claim not covered under the workers'-compensation system. 2. An agreement to indemnify against liability imposed on an employer for an employee's negligence that injures a third party.

equal-opportunity employer

An employer who agrees not to discriminate against any job applicarit or employee on the basis of race, color, religion, sex, natural origin, age, or disability. - Abbr. EOE.

general employer

An employer who transfers an employee to another employer for a limited period. See borrowed employee under EMPLOYEE.

hot-cargo agreement. Labor law. A voluntary agreement between a union and a neutral employer by which the latter agrees to exert pressure on another employer with whom the union has a dispute, as by c

See LANDRUM-GRIFFIN ACT.

last-employer rule

The doctrine that liability for an occupational injury or illness falls to the employer who exposed the worker to the injurious substance just before the first onset of the disease or injury. - Also termed last-injuriousexposure rule.

oyer

. [fr. Old French o%r "to hear"] Hist. 1. A criminal trial held under a commission of oyer and terminer. See COMMISSION OF OYER AND TERMINER. 2. The reading in open court of a document (esp. a deed) that is demanded by one party and read by the other. 3. Common-law pleading. A prayer to the court by a party opposing a profert, asking to have the instrument on which the opponent relies read aloud. ( Oyer can be demanded only when a profert has been properly made, but it is disallowed for a private writing under seal.

oyer and terminer

. [Law French oyer et terminer "to hear and determine"] 1. See COMMISSION OF OYER AND TERMINER. 2. COURT OF OYER AND TERMINER (2).

oyer, demand of

See DEMAND OF OYER.

special employer

An employer who has borrowed an employee for a limited period and has temporary responsibility and control over the employee's work.

special employer.

See EMPLOYER.

statutory employer