*** Welcome to piglix ***

Voir dire


Voir dire (/ˈvwɑːr ˌdiər/) is a legal phrase that refers to a variety of procedures connected with jury trials. It originally referred to an oath taken by jurors to tell the truth (Latin: verum dicere), i.e., to say what is true, what is objectively accurate or subjectively honest, or both. It comes from the Anglo-Norman language.

The word voir (or voire), in this combination, comes from Old French and derives from Latin verum, "that which is true". It is related to the modern French word voire, "indeed", but not to the more common word voir, "to see", which derives from Latin vidēre. However, the expression is now often interpreted by false etymology to mean "to see [them] say". The term is used (as le voir-dire) in modern Canadian legal French.

In earlier centuries, a challenge to a particular juror would be tried by other members of the jury panel, and the challenged juror would take an oath of voir dire, meaning to tell the truth. This procedure fell into disuse when the function of trying challenges to jurors was transferred to the judge.

In the United Kingdom (except Scotland), Cyprus, Hong Kong, Ireland, Australia, New Zealand, and Canada (and sometimes in the United States) it refers to a "trial within a trial". It is a hearing to determine the admissibility of evidence, or the competency of a witness or juror. As the subject matter of the voir dire often relates to evidence, competence or other matters that may lead to bias on behalf of the jury, the jury may be removed from the court for the voir dire.


...
Wikipedia

...