Challenging - Page 2 - Law Dictionary

Challenges to fight

Challenges to fight, either by word or letter, or to the bearer of such challenges, are misdemeanours, punishable by fine and imprisonment. See DUEL....

Respectum, Challenge propter

Respectum, Challenge propter. See JURY....

Affectum, challenge propter

Affectum, challenge propter, See JURY...

peremptory [Late Latin peremptorius, from Latin, destructive, from perimere to take entirely, destroy] 1 : permitting no dispute, alternative, or delay ;specif : not providing an opportunity to show cause why one should not comply [when the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a mandamus may be allowed "Revised Statutes of Nebraska"] 2 : not requiring cause see also peremptory challenge at challenge pe·remp·to·ri·ly [pə-remp-tə-rə-lē, -remp-tōr-ə-lē] adv pe·remp·to·ri·ness [-remp-tə-rē-nəs] n n pl: -ries : peremptory challenge at challenge ...

third-party standing

third-party standing : standing sometimes granted to a party claiming to protect the rights or interests of a third party compare batson challenge NOTE: Third-party standing is granted esp. when a statute is challenged as unconstitutionally overbroad or when a party (such as a criminal defendant) challenges the exclusion of a juror who is being denied equal protection by being excluded esp. because of race or gender. ...

Duel

Duel, in our ancient law, a legal combat between persons in a doubtful case for the trial of the truth, long since disused.In modern times a duel is a combat with weapons between two persons upon some quarrel precedent, wherein, if one of them is killed, the other and the seconds are guilty of murder whether the seconds fight or not, Hawk. Pl. 47.Notwithstanding that this was the undoubted law, duels were by no means unfrequent in England up to about the middle of the nineteenth century, e.g., the Duke of Wellington exchanged shots without effect with Lord Winchelsea in 1829; Lord Cardigan wounded Captain Tuckett, and was tried before, and acquitted by, the House of Lords in 1841; and Mr. Seton was killed by Lieutenant Hawkey in1845. For a full list of celebrated duels, see Haydn's Dictionary of Dates, tit. 'Duel.'It is a misdemeanour to challenge another to fight, or to provoke another to send a challenge, R. v. Phillips, (1805) 6 East 464; and fighting or promoting a duel renders an ...

Delictum

Delictum, challenge propter. See CHALLENGE.A delict, tort, wrong, injury or offence. Actions ex facie are such as are founded on a tort, as distinguished from actions on contract....

demurrer

demurrer [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay] : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...

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