Affectum Challenge Proper - Law Dictionary Search Results
Home Dictionary Name: affectum challenge properAffectum, challenge propter
Affectum, challenge propter, See JURY...
Challenge
Challenge [fr. Challenger, O. F., to accuse of], an exception taken either against things or jurors.In civil actions, when a full jury appear, either party may challenge them for cause, as well the talesmen as the jurors originally returned. Challenges are of two kinds: (1) to the array; (2) to the polls; and each of these is again subdivided into principal challenges, and challenges to the favour.(1) A challenge to the array is an exception to all the jurors returned by the sheriff collectively, not for any defect in them, but for some partiality or default in the sheriff or his under-officer who arrayed the panel; this is either (a) a principal challenge, as that the sheriff or other returning officer is of kindred or affinity to the plaintiff of defendant, if the affinity continue; that one or more of the jury are returned at the nomination of the plaintiff or defendant; that an action of battery is pending at the suit of the plaintiff or defendant against the sheriff, or at the sui...
propter affectum
propter affectum [Medieval Latin] : because of partiality [challenge a juror propter affectum] ...
Maleficia non debent remanere impunita; et impunitas continuum affectum tribuit deinquenti
Maleficia non debent remanere impunita; et impunitas continuum affectum tribuit deinquenti [Lat.], evil deeds ought not to remain unpunished; and impunity affords continual incitement to the delinquent....
challenge
challenge chal·lenged chal·leng·ing 1 : to dispute esp. as being invalid or unjust [counsel challenged this interpretation] 2 : to question formally (as by a suit or motion) the legality or legal qualifications of [ the regulations] ;esp : to make a challenge to (a trier of fact) [the grounds for challenging prospective jurors "W. R. LaFave and A. W. Scott, Jr."] compare recuse n 1 : a calling into question ;esp : a questioning of validity or legality : objection [when the to the statute is in effect a of this basic assumption "Kramer v. Union Free School Dist. No. 15, 395 U.S. 621 (1969)"] see also batson challenge 2 : a request to disqualify a trier of fact (as a jury member or judge) compare recusal, strike challenge for cause : a challenge esp. of a prospective juror based on a specific and stated cause or reason challenge to the array : a challenge of an entire jury that raises objections to the selection process peremptory challenge : a challenge esp....
Batson challenge
Batson challenge [from Batson v. Kentucky, 476 U.S. 79 (1986), the Supreme Court ruling that prohibited the striking of jurors on a racial basis] : an objection in which one party argues that the other has used the peremptory challenge to strike one or more prospective jurors from the panel for a discriminatory purpose in violation of the equal protection guarantee of the U.S. Constitution called also Batson objection compare third-party standing NOTE: Batson challenges were originally applied to racial discrimination in jury selection but are now also applied when gender or sometimes ethnic background is an issue. The party making the objection usually must establish by evidence a prima facie case of discrimination, at which point the other party has the burden of advancing a neutral reason for the strike. ...
Peremptory Challenge
Peremptory Challenge, an arbitrary species of challenge to a certain number of jurors without showing any cause.This privilege is granted to a prisoner in cases of treason and felony, but not misdemeanour, and is denied to the Crown. In treason a prisoner can challenge without cause thirty-five jurors, unless the treason affects the King's person, when the number is limited to twenty, as in felony [(English) Treason Acts, 1695, 1800 and 1842, and the (English) Juries Act, 1825]. See also the (English) Criminal Law Act, 1827, s. 3....
Principal challenge
Principal challenge, a species of challenge to the array made on account of partiality or some default in the sheriff or his under-officer who arrayed the panel. See CHALLENGE....
challenge for cause
challenge for cause see challenge ...
challenge to the array
challenge to the array see challenge ...
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