Dictionary of Law
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challenge :: legal definition


Challenge - n. the right of each attorney in a jury trial to request that a juror be excused. There may be a "challenge for cause" on the basis the juror had admitted prejudice or shows some obvious conflict of interest (e.g. the juror used to work for the defendant or was once charged with the same type of crime) which the judge must resolve. If the juror is excused (removed) "for cause," then the challenge does not count against the limited number of challenges allowed each side. More common is the "peremptory challenge," which is a request that a juror be excused without stating a reason. An attorney might say: "Juror number eight may be excused." Only six or eight peremptory challenges are normally allowed each side. Systematic peremptory challenges of all blacks or all women may be examples and proof that a defendant has been deprived of a jury of his/her peers and result in an appeal based on lack of due process.

See also: peremptory challenge and Related Law Terms ↓


Related Law Terms

Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
caption :: n. the first section of any written legal pleading ... to the exact format of the caption.
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cumis counsel :: n. an attorney employed by a defendant in a lawsui ... fendant be approved by the company.
default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons
defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery
examination :: n. 1) the questioning of a witness by an attorney. ... irect examination testimony witness
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
impaneling :: n. the act of selecting a jury from the list of po ... e juror jury panel venire voir dire
in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney."
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
juror :: n. any person who actually serves on a jury. Lists ... : Grand Jury jury jury panel venire
jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire
jury panel :: n. the list from which jurors for a particular tri ... may be chosen. See also: juror jury
jury selection :: n. the means by which a jury is chosen, with a pan ... y panel peremptory challenge venire
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection
objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain
peer :: n. an equal. A "jury of one's peers," to which cri ... eria. See also: jury of one's peers
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
public defender :: n. an elected or appointed public official (usuall ... to convicted indigents for appeals.
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
summons :: n. a document issued by the court at the time a la ... use service service of process writ
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.