Peremptory Challenge - Law Dictionary Search Results
Home Dictionary Name: peremptory challengePeremptory 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....
peremptory challenge
peremptory challenge see challenge ...
peremptory
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 ...
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. ...
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...
Peremptory mandamus
Peremptory mandamus, a second mandamus, which issues where the return which has been made to the first writ is found either insufficient in law or false in fact. To this writ no other return will be admitted, but a certificate of perfect obedience and due execution. See MANDAMUS; and as to 'peremptory mandamus' in the first instance, to hold a municipal election, see (English) Municipal Corporations Act, 1882, s. 225 (8), repealed by the Local Government Act, 1933....
Peremptory Rule
Peremptory Rule. Formerly a defendant might obtain a peremptory rule to declare within a certain time, absolute in the first instance. This was abolished by (English) C.L.P. Act, 1852, s. 53, and a four-day notice substituted. See now PLEADING; STATEMENT OF DEFENCE....
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....
peremptory exception
peremptory exception in the civil law of Louisiana : an exception pleaded by a defendant esp. on the basis that the law provides no remedy for the injury the plaintiff alleges, that the claim is barred by res judicata or prescription, or that an indispensable party has not been joined ...
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