What does voir dire mean in law?
Asked by: Emilio Bernhard II | Last update: December 7, 2025Score: 5/5 (69 votes)
The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.
Why do they call it voir dire?
The process is called 'voir dire' meaning 'to speak the truth' in Old French because it involves questioning potential jurors to uncover biases and ensure they can serve impartially. We still use the term 'voir dire' because it has become an established legal term that succinctly describes the jury questioning process.
What are two things jurors should never do?
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.
What is the difference between voir dire and jury selection?
Generally, jury selection is the process of questioning and striking potential jurors. Voir dire is the process of questioning.
What is voir dire in lawyer terms?
voir dire - The process by which judges and lawyers select a petit jury from among those eligible to serve by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
What is voir dire?
How to fail voir dire?
- Not passing the mic to the jurors. ...
- Not following up after your initial question. ...
- Not speaking to every juror. ...
- Not tailoring your questions to the specific case itself. ...
- Not showing up prepared.
What two challenges may occur during voir dire?
During voir dire the lawyers may ask the judge to excuse a juror from sitting on the case. This is called "challenging a juror". There are two types of challenges: a challenge for cause and a peremptory challenge.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
What comes after voir dire?
After voir dire, the trial begins.
Do lawyers want educated jurors?
Jurors' cognitive sophistication is an important criterion for the defense in many cases that hinge upon jurors' ability to logically analyze evidence and testimony rather than simply relying on their “gut” or making a snap judgment, as well as to understand and follow the jury instructions.
What is one question that lawyers always ask jurors?
For example, in any type of criminal case, the lawyers might ask potential jurors if they've ever been a victim of a crime or had negative interactions with law enforcement. Lawyers want to know this because crime victims could be biased against a defendant.
What not to say to a judge?
- 'I Did It. ' ...
- 'They Didn't Tell Me...' ...
- Expletives. ...
- Lies, Lies, Lies. ...
- 'I Will Represent Myself.
What if one juror disagrees?
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A “hung jury” results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.
How to not get picked as a juror?
- Show potential bias.
- Express disinterest.
- Imply distrust of police.
- Question the legal system or the jury process.
- Cite medical or financial hardship.
- Detail travel plans (bring confirmation documents)
Who makes the first opening statement in a jury trial?
An opening statement is made by the attorney for the plaintiff. The attorney for the defendant may then make an opening statement. The purpose of opening statements is to outline to the jury what each side contends the evidence will establish. A general idea of what the case is about is thus presented to the jury.
What are some voir dire questions?
Do you think there are too many, too few or about the right number of lawsuits? What is a “frivolous lawsuit”? How can you determine what is a “real” case and what is a “frivolous” case? Do you think some people file “frivolous lawsuits?” Why or why not?
Do jurors get to go home during trial?
Usually jurors go home at the end of each day and return the next morning. However, in extremely rare cases, a jury will be "sequestered" during the trial or during the jury deliberations.
What is voir dire in simple terms?
The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.
What happens if a juror knows the defendant?
more than likely, if it is determined that they do actually “know the defendant”, they will not be selected to serve as a juror. It should have been determined in voir dire whether, or on what basis they know the defendant.
Can a juror refuse to vote?
Yes, they can. If the juror is obstinate from the start and refuses to examine the evidence or even try to come to a verdict, it IS sometimes possible to remove him/her from the jury.
What does NOV stand for in law?
NOV is the acronym for the Latin phrase non obstante veredicto, which directly translates to “notwithstanding the verdict.” NOV or non obstante veredicto is usually used in the context of JNOV (judgment non obstante veredicto) to describe a judgment entered for one party even though a jury has issued a verdict for the ...
What is a motion in lemonade?
In U.S. law, a motion in limine (Latin: [ɪn ˈliːmɪnɛ], "at the start"; literally, "on the threshold") is a motion, discussed outside the presence of the jury, to request that certain testimony be excluded. A motion in limine can also be used to get a ruling to allow for the inclusion of evidence.
Do lawyers look up jurors?
He says attorneys (or paralegals, trial consultants, etc.) need to conduct internet searches on potential jurors. “There is a lot to be gained from such searches and all parties are moving toward making this a common practice.
What does hung jury mean?
A hung jury is a jury that is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case. In some cases, the judge may instruct the jury to continue their deliberation, but this is not a common practice.
How many strikes do you get in jury selection?
Unlike a peremptory challenge (the number of which are limited by the court during voir dire, and unless a Batson challenge is raised the challenge is automatically granted) there is no limit to the number of strikes for cause that attorneys on either side of a case can be granted.