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voir dire :: legal definition


Voir dire - (vwahr [with a near-silent "r"] deer) n. from French "to see to speak," the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case). Actually one of the unspoken purposes of the voir dire is for the attorneys to get a feel for the personalities and likely views of the people on the jury panel. In some courts the judge asks most of the questions, while in others the lawyers are given substantial latitude and time to ask questions. Some jurors may be dismissed for cause by the judge, and the attorneys may excuse others in "peremptory" challenges without stating any reason. 2) questions asked to determine the competence of an alleged expert witness. 3) any hearing outside the presence of the jury held during trial.

See also: expert witness jury peremptory challenge and Related Law Terms ↓


Related Law Terms

acquit :: v. what a jury or judge sitting without a jury doe ... ndant not guilty. See also: verdict
admissible evidence :: n. evidence which the trial judge finds is useful ... olving violence. See also: evidence
adverse witness :: n. a witness in a trial who is found by the judge ... r the opposition. See also: witness
approach the bench :: v. an attorney's movement from the counsel table t ... ake a recess to go to the restroom.
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product
bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney
bias :: n. the predisposition of a judge, arbitrator, pros ... ire. See also: hometowned voir dire
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
clerk :: n. 1) an official or employee who handles the busi ... stocking shelves, or counter sales.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
compound question :: n. the combination of more than one question into ... rate questions. See also: objection
continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
direct examination :: n. the first questioning of a witness during a tri ... nation deposition testimony witness
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
evidence :: n. every type of proof legally presented at trial ... material object objection relevant
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
expert witness :: n. a person who is a specialist in a subject, ofte ... sitions. See also: expert testimony
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hostile witness :: n. technically an "adverse witness" in a trial who ... so: adverse witness leading witness
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection
judgment notwithstanding the verdict :: (N.O.V.) n. reversal of a jury's verdict by the tr ... veredicto. See also: N.O.V. verdict
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury panel :: n. the list from which jurors for a particular tri ... may be chosen. See also: juror jury
jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire
jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
lay a foundation :: v. in evidence, to provide to the judge the qualif ... ce and training. See also: evidence
leading :: 1) v. short for "leading the witness," in which th ... tness leading the witness objection
leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection
leading the witness :: n. asking a question during a trial or deposition ... n hostile witness leading objection
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mistrial :: n. the termination of a trial before its normal co ... from the beginning. See also: trial
moral certainty :: n. in a criminal trial, the reasonable belief (but ... : beyond a reasonable doubt verdict
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion to strike :: n. a request for a judge's order to eliminate all ... be unrung." See also: motion strike
N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
offer of proof :: n. an explanation made by an attorney to a judge d ... rial irrelevant objection testimony
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues.
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
preponderance of the evidence :: n. the greater weight of the evidence required in ... what subjective. See also: evidence
pro tem :: 1) adj. short for the Latin pro tempore, temporari ... as "Sam Collins is Pro Tem today."
question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law
question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict
self-serving :: adj. referring to a question asked of a party to a ... ng declaration. See also: objection
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sequester :: v. to keep separate or apart. In so-called "high-p ... of others. See also: sequestration
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
sustain :: v. in trial practice, for a judge to agree that an ... /she will "overrule" the objection.
testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
trier of fact :: n. the judge or jury responsible for deciding fact ... r referee may be the trier of fact.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
witness stand :: n. a chair at the end of the judge's bench on the ... estimony clearly. See also: witness

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Other Law Terms - V

vacate :: v. 1) for a judge to set aside or annul an order o ... of real estate and cease occupancy.
vagrancy :: n. moving about without a means to support oneself ... ue of "loitering." See also: loiter
valuable consideration :: n. a necessary element of a contract, which confer ... t. See also: consideration contract
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
vendee :: n. a buyer, particularly of real property. ... yer, particularly of real property.
vendor :: n. a seller, particularly of real property. ... ler, particularly of real property.
venire :: (ven-eer-ay) n. the list from which jurors may be ... y be selected. See also: jury panel
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath
vest :: v. to give an absolute right to title or ownership ... . See also: vested vested remainder
vested :: adj. referring to having an absolute right or titl ... ed. See also: vest vested remainder
vested remainder :: n. the absolute right to receive title after a pre ... pass to him. See also: vest vested
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
vigilante :: n. someone who takes the law into his/her own hand ... lester of her child is a vigilante.
viz :: prep. to wit, or namely. Example: "There were seve ... d broken windows." See also: to wit
void :: adj. referring to a statute, contract, ruling or a ... udgment is void. See also: voidable
void for vagueness :: adj. referring to a statute defining a crime which ... o the states by the 14th Amendment.