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challenge

challenge definition - legal

An objection, exception, or other formal questioning of the capability or legal qualifications of a person, the existence of a right, or the legality of an action or thing.

An objection by a party or a lawyer to a potential juror or jury panel and his or her request that a judge disqualify the individual or the panel from hearing that partyÂ’s cause or trial.

To call into question.

as-applied challenge

An argument, claim, or lawsuit that a law or government policy, although otherwise constitutional, is unconstitutional when applied to a particular party or situation.

Batson challenge

A defendantÂ’s claim that the plaintiff or prosecution excluded potential jurors due to their race, color, ethnic background, or gender by use of peremptory challenges. Named for the United States Supreme Court case of Batson v. Kentucky (1986), which forbids such a use of peremptory challenges in criminal cases. The principle in Batson was extended to civil cases in Edmonson v. Leesville Concrete Co. (1991).

facial challenge

An argument, claim, or lawsuit that a law or government policy always operates in violation of the United States Constitution or a state constitution.

challenge for cause

A challenge to a prospective juror based on a specific cause or reason, such as bias, prejudice, or a financial or other interest in the outcome of the trial. Usually, there is no limit to the number of challenges for cause available to each party.

challenge to jury array

See challenge to the array.

challenge to the array

An objection to an entire jury panel based on the manner that the panel was selected. Also called challenge to jury array.

peremptory challenge

A challenge to a prospective juror that may be made without any specific cause or reason. The number of peremptory challenges allowed to each party is usually limited by statute or court rule.