Peremptory Challenge - Law Dictionary Search Results

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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....

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. ...

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