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In general, to call one out to answer for something; an objection or exception calling into question the existence of a right, the validity or sufficiency of an instrument, or the capability of a person for a specific function. Also, an objection by a party (or lawyer) to the inclusion of a particular prospective juror as a member of the jury that is to hear that party’s cause or trial, with the result that the prospective juror is disqualified from the case.
See voir dire.
CHALLENGE FOR CAUSE a challenge based upon a particular reason (such as bias) specified by law or procedure as a reason that a party (or his lawyer) may use to disqualify a prospective juror.
CHALLEGE TO JURY ARRAY a formal objection to the entire panel of grand or petit jurors. The basis of such a challenge is that something has been done or omitted to the prejudice of the substantial rights of the challenging party.
GENERAL CHALLENGE a type of challenge for cause based on grounds from which, if shown to exist, the disqualification of the juror follows as a legal conclusion. Known as a CHALLENGE FOR PRINCIPAL CAUSE at common law.
PEREMPTORY CHALLENGE a right given to attorneys at trial to dismiss a prospective juror for no particular reason; the number of times an attorney can invoke this right is usually limited. If a specific reason exists why a particular juror may not fairly decide a matter, the juror may be CHALLENGED FOR CAUSE. This conserves the peremptory challenges. Even the government can use these challenges.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; ©
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